Watkins v. Investment Retrievers, Inc.

Filing 30

ORDER signed by District Judge Kimberly J. Mueller on 11/6/2017 ACCORDINGLY Mr. Mandabach is ORDERED to SHOW CAUSE by 11/17/2017 why he should not be sanctioned $250.00 for appearing in this action despite not being an attorney of record; the Clerk of the Court is directed to serve this order on Mr. Mandabach on the address he has provided as a member of the bar of this court 3102 O Street, Suite 1, Sacramento, California 95816.(Reader, L) (cc: C. Mandabach, Esq.)

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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. Plaintiff’s attorney of record, Jonathan Aaron Stieglitz, did not

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appear. Instead, Carl Mandabach, who is not an attorney of record in this matter and did not sign

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plaintiff’s opposition brief, appeared for plaintiff, saying he was “specially appearing.”

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Local Rule 182(a)(1) permits only an attorney of record to participate in an action.

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Although Local Rule 182(a)(2) permits an attorney to appear as attorney of record “by physically

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appearing at a court hearing in the matter, formally stating the appearance on the record, and then

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signing and filing a confirmation of appearance within seven (7) days,” Mr. Mandabach did not

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sign and file a confirmation of appearance following the October 6, 2017 hearing. The Local

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Rules do not provide an exception for special appearances.

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Accordingly, Mr. Mandabach is ORDERED to SHOW CAUSE by November 17,

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2017 why he should not be sanctioned $250.00 for appearing in this action despite not being an

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attorney of record.

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The Clerk of the Court is directed to serve this order on Mr. Mandabach on the

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address he has provided as a member of the bar of this court – 3102 O Street, Suite 1,

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Sacramento, California 95816.

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IT IS SO ORDERED.
DATED: November 6, 2017.

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UNITED STATES DISTRICT JUDGE

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