Mendez v. California Forensic Medical Group, Inc.

Filing 36

ORDER TO SHOW CAUSE; Hearing set for 9/22/2015 10:00 AM. Signed by Judge Nandor J. Vadas on 8/25/2015. (njvlc2, COURT STAFF) (Filed on 8/25/2015)

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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 SHOW CAUSE

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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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This matter came on for hearing on August 25, 2015. The purpose of the hearing was to

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inform Plaintiff that he was no longer represented in this case as his counsel was no longer an

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active member of the State bar of California and was suspended from this court’s bar. The court

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planned to inquire of Plaintiff whether he intended to procure new counsel or proceed pro se. To

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that end, the court ordered Plaintiff to appear in person for the August 25, 2015 hearing and served

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copies of that order on Plaintiff at his two last known addresses. Plaintiff did not appear for the

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hearing. Several minutes after the hearing began, Mr. Davies, the aforementioned suspended

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attorney, appeared and with paperwork in hand explained that he had, just that very morning, been

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reinstated to the State Bar of California and that he had spoken with Plaintiff about the hearing.

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However, Mr. Davies was unable to account for Plaintiff’s failure to appear. The court instructed

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Mr. Davies that he would need to reapply for active status with the bar of this court before he

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could proceed as counsel in this case.

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The court has now, on two occasions, ordered Plaintiff to attend hearings and Plaintiff has

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now, on two occasions, ignored the orders of this court. Considering the lack of any timely

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response to Defendants’ Motions for Summary Judgment, counsel’s apparent indifference to his

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bar status, and Plaintiff’s blatant disregard of this court’s orders to appear, it is ORDERED that

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Plaintiff INES MENDEZ shall appear at the UNITED STATES DISTRICT COURT, 3140

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Boeing Avenue, McKinleyville, CA 95519 at 10:00 a.m. on September 22, 2015 and show cause

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as to why this case should not be dismissed under Federal Rule of Civil Procedure 41(b) for failure

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to prosecute and failure to comply with the orders of the court.

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United States District Court
Northern District of California

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Plaintiff is warned that his failure to appear at the hearing will result in the court
dismissing this action.
IT IS SO ORDERED.
Dated: August 25, 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 25, 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

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Stephen Turner Davies
Turner Litigation Services
P.O. Box 319
Eureka, CA 95502

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Dated: August 25, 2015

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Robert Illman, Deputy Clerk to the
Honorable NANDOR J. VADAS
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