Mendez v. California Forensic Medical Group, Inc.

Filing 32

ORDER setting Status Conference set for 8/25/2015 10:00 AM / STRIKING 31 Opposition/Response to Motion filed by Ines Mendez, 30 Opposition/Response to Motion filed by Ines Mendez / VACATING trial dates. Signed by Judge Nandor J. Vadas on 8/11/2015. (njvlc2, COURT STAFF) (Filed on 8/11/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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INES MENDEZ,

Case No. 14-cv-03756-NJV

Plaintiff,
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v.

ORDER TO APPEAR

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United States District Court
Northern District of California

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CALIFORNIA FORENSIC MEDICAL
GROUP, INC., et al.,
Defendants.

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The Order to Show Cause (Doc. 29) came on for hearing on August 11, 2015 at 10:00 a.m.

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In the Order, the court noted that the State Bar of California listed Counsel for Plaintiff, Steven

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Turner Davies, as suspended from the practice of law in California on July 1, 2015. Accordingly,

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the court required that counsel appear in person on August 11, 2015 at 10:00 a.m., to show cause

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as to why he should not be sanctioned for violation of Local Rule 11. The court also ordered Mr.

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Davies to serve a copy of the Order to Show Cause on Plaintiff and to instruct Plaintiff to attend

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the August 11, 2015 hearing. In addition, the court required Mr. Davies to, on or before 12:00

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p.m. on August 7, 2105, certify in writing that service to Plaintiff had been perfected and deliver

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that certification by hand to the Clerk’s Office at 3140 Boeing Avenue, McKinleyville, CA 95519.

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Mr. Davies did not certify in writing that he served Plaintiff with a copy of the Order to

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Show Cause. Mr. Davies did not appear for the August 11, 2015 hearing at 10:00 a.m. Instead,

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Mr. Davies appeared at 11:00 a.m. At the hearing, the court inquired as to why Mr. Davies did not

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follow the court’s instruction to serve Plaintiff a copy of the Order to Show Cause. Mr. Davies

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answered by stating that he had not read the Order. When the court asked Mr. Davies if he was an

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active member of the State Bar of California, he responded that he was not.

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The situation now is that Plaintiff does not have a lawyer representing him in this matter

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and may not even know it. Accordingly, it is ORDERED that this matter is set for hearing on

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August 25, 2015 at 10:00 a.m. at 3140 Boeing Avenue, McKinleyville, CA 95519. Plaintiff, Ines

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Mendes, shall attend the hearing in person. At the hearing, Plaintiff shall inform the court

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whether he intends to proceed in this matter pro se, or whether he intends to secure new counsel.

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Further, it is ORDERED that the Responses to the Motions for Summary Judgment (Docs

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30 & 31), filed August 11, 2015, are hereby STRICKEN, as they were filed by Mr. Davies in

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violation of L.R. 11, as well as being several weeks late. In addition, the trial date and pretrial

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conference are VACATED and will be reset, if necessary, at a later date.

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At the hearing on August 11, 2015, the court instructed Mr. Davies to provide the court

United States District Court
Northern District of California

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with Plaintiff’s address. In addition, Counsel for Defendants provided the court with an address

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for the Plaintiff. The addresses are not the same. Out of an abundance of caution, the court will

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serve a copy of this order by mail to Plaintiff at both of the addresses.

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IT IS SO ORDERED.
Dated: August 11, 2015
______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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INES MENDEZ,

Case No. 14-cv-03756-NJV

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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United States District Court
Northern District of California

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CALIFORNIA FORENSIC MEDICAL
GROUP, INC., et al.,
Defendants.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 11, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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INES MENDES
4014 Little Fairfield
Eureka, CA 95501

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INES MENDES
2101 Spring Street
Eureka, CA 95501
Dated: August 11, 2015

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Richard W. Wieking
Clerk, United States District Court
By:________________________
Robert Illman, Deputy Clerk to the
Honorable NANDOR J. VADAS

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