Carr v. Liberty Life Assurance Company et al

Filing 62

ORDER continuing motion hearing and setting status conference and ORDER TO SHOW CAUSE. Order to Show Cause Hearing and Status Conference set for 11/03/08 at 10:00 AM. Signed by Judge Thelton E. Henderson on 10/08/08. (Attachments: # 1 Exhibit A: October 1, 2008 letter from Plaintiff Anita B. Carr, # 2 Exhibit B: October 7, 2008 letter from Plaintiff Anita B. Carr)(tehlc3, COURT STAFF) (Filed on 10/8/2008) (Additional attachment(s) added on 10/8/2008: # 3 proof of service) (tdm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 v. LIBERTY LIFE ASSURANCE COMPANY, et al., Defendants. ANITA B. CARR, Plaintiff, NO. C05-3190 TEH ORDER CONTINUING MOTION HEARING AND SETTING STATUS CONFERENCE AND ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 This matter comes before the Court on Defendant Liberty Life Assurance Company of 14 Boston's ("Liberty's") motion to confirm arbitration award. Liberty filed its motion on 15 September 3, 2008, and noticed it for hearing on October 20, 2008. Thus, under this Court's 16 Civil Local Rules, Plaintiff Anita Carr was required to file opposition papers or a statement 17 of non-opposition no later than September 29, 2008. Civ. L.R. 7-3(a)-(b). 18 When neither an opposition nor a statement of non-opposition was received, the 19 Court's courtroom deputy telephoned counsel for Plaintiff, Steven Krafchick, who informed 20 the Court that he no longer represented Plaintiff. The Court subsequently received a 21 telephone call from Plaintiff herself, as well as the letters attached as Exhibits A and B, 22 stating the same and adding that Plaintiff is searching for a new attorney and intends to 23 oppose Liberty's motion.1 24 However, while Plaintiff attached to her October 7, 2008 letter a letter from 25 Mr. Krafchick, dated October 1, 2008, stating that Mr. Krafchick no longer represents 26 Plaintiff in this matter, both Mr. Krafchick and Arnold Levinson remain on the Court's 27 Plaintiff's second letter, attached as Exhibit B, also sets forth legal principles that Plaintiff believes to be true. The Court makes no determination at this time regarding the 28 validity of those principles. 1 1 docket as attorneys of record for Plaintiff. Accordingly, they are both HEREBY ORDERED 2 TO SHOW CAUSE as to why sanctions should not be imposed for their failure to file a 3 timely opposition or statement of non-opposition to Liberty's motion, as well as for their 4 failure to file a motion to withdraw or notice of substitution with the Court. The show cause 5 hearing shall occur on Monday, November 3, 2008, at 10:00 AM. No written response is 6 required, but if Mr. Krafchick or Mr. Levinson seeks to respond in writing, any such 7 response must be filed no later than October 24, 2008. 8 While Plaintiff's counsel appears to bear responsibility for failing to respond to 9 Liberty's motion, the Court will nonetheless continue the proceedings on Liberty's motion. 10 The Court will hold a status conference, also on November 3, 2008, at 10:00 AM, to discuss United States District Court 11 with the parties what reasonable continuance would be appropriate. Counsel for Liberty For the Northern District of California 12 shall appear, as shall Plaintiff herself if she intends to proceed in this case without counsel. 13 If Plaintiff has obtained new counsel, that attorney shall also attend the November 3 hearing 14 and status conference. 15 Unless otherwise ordered, any substitution of counsel shall not discharge the order to 16 show cause, and Mr. Krafchick and Mr. Levinson shall appear for the hearing even if 17 Plaintiff is able to find substitute counsel and the appropriate papers are filed with the Court. 18 Failure to appear will result in immediate imposition of sanctions. 19 The Clerk shall serve a copy of this order on Plaintiff at the address she lists in the 20 attached letters: 11801 Bloomington Way, Dublin, CA 94568. 21 22 IT IS SO ORDERED. 23 24 Dated: 10/08/08 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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