Watkins v. Investment Retrievers, Inc.

Filing 26

ORDER signed by District Judge Kimberly J. Mueller on 10/30/17: Ms. Drake is ORDERED to SHOW CAUSE by November 3, 2017 why she should not be sanctioned $250.00 for failing to comply with local rules. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD WATKINS,

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Plaintiff,

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No. 2:17-cv-01348-KJM-CKD

v.

ORDER

INVESTMENT RETRIEVERS, INC.,

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Defendant.

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A status conference and hearing on defendant’s motion to dismiss was set for

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October 6, 2017. ECF No. 11. At the hearing, defendant’s counsel explained plaintiff’s counsel

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of record, Mr. Stieglitz, has referred communications regarding this matter to Rachel Drake of RC

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Law Group.
On October 12, 2017, the court ordered plaintiff’s counsel, Jonathan Aaron

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Stieglitz, to show cause why he should not be sanctioned: (1) $250.00 for failing to appear at the

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October 6, 2012 status conference and hearing on defendant’s motion to dismiss, and (2) $250.00

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for failing to designate Rachel Drake or the appropriate acting counsel as attorney of record for

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plaintiff. ECF No. 19. Mr. Stieglitz responded to the order to show cause on October 17, 2017.

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ECF No. 20. Defendant filed a reply that same day. ECF No. 21. Mr. Stieglitz filed a second

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response on October 19, 2017. ECF Nos. 22, 22-1.

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In his response, Mr. Stieglitz states his client, Reginald Watkins, retained Ms.

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Drake’s New Jersey law firm, RC Law Group, PLLC, and later retained Mr. Stieglitz “to serve as

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California counsel in this action.” ECF No. 20 at p. 3. Mr. Stieglitz refers to Ms. Drake as his

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“co-counsel.” Id. He further states Ms. Drake “drafted the initial Discovery Plan,” but later

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sought review, comments and approval from Mr. Stieglitz. Id. Mr. Stieglitz indicates Ms. Drake

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plans “to ensure compliance with local rules” by submitting a pro hac vice application to this

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court when she receives a certificate of good standing from the state of New Jersey. ECF No. 22,

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p. 2.

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Local Rule 182(a)(1) provides “no attorney may participate in any action unless

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the attorney has appeared as an attorney of record.” Local Rule 180(b)(2) provides, “[a]n

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attorney who is a member in good standing of, and eligible to practice before, the Bar of any

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United States Court or of the highest Court of any State, . . . and who has been retained to appear

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in this Court may, upon application and in the discretion of the Court, be permitted to appear and

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participate in a particular case.”

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Mr. Stieglitz represents Ms. Drake is plaintiff’s attorney in this action and has

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participated in litigating plaintiff’s case. See ECF No. 20, p. 3. Ms. Drake is not an attorney of

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record and had not submitted an application to proceed pro hac vice in this court prior to

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participating in this action, and not until prompted by this court’s order to show cause to Mr.

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Stieglitz.

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Accordingly, Ms. Drake is ORDERED to SHOW CAUSE by November 3, 2017
why she should not be sanctioned $250.00 for failing to comply with local rules.
IT IS SO ORDERED.
DATED: October 30, 2017.

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UNITED STATES DISTRICT JUDGE

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