Wirum v. 0713401 B.C. Ltd et al

Filing 102

Order Denying Motion to Continue Hearing and ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 12/17/2012 at 10:00 AM PST. Show Cause Response due by 12:00 PM PST on 12/14/2012. Signed by Judge Samuel Conti on 12/10/2012. (sclc2, COURT STAFF) (Filed on 12/10/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 PLUSFIVE CLAIMS, LLC, United States District Court For the Northern District of California 9 ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, 10 v. 11 12 0713401 B.C. LTD, a foreign entity, SHARRIE CUTSHALL, an individual, 13 14 Defendants. 15 Case No. 10-1561-SC ORDER DENYING MOTION TO CONTINUE HEARING; ORDER TO SHOW CAUSE 16 The Court hereby DENIES Defendant Sharrie Cutshall's request 17 18 to continue the scheduled December 17, 2012 hearing in this matter. 19 The hearing shall proceed as scheduled. 20 in person or through counsel. 21 default. 22 telephone will not be permitted. Ms. Cutshall shall appear Otherwise, the Court will enter her Pursuant to the Court's standing order, appearance by Ms. Cutshall is also ORDERED TO SHOW CAUSE why sanctions 23 24 should not issue against her.1 25 disregarded this Court's Orders concerning ex parte communication. Ms. Cutshall has repeatedly 26 27 28 1 An Order to Show Cause or "OSC" means that Ms. Cutshall must demonstrate why she should not be disciplined ("sanctioned") by the Court for her failure to comply with the Court's orders. The sanction may take the form of a fine. 1 On November 16, 2012, the Court ordered Ms. Cutshall (1) to file 2 her past ex parte communications -- specifically, the letters she 3 emailed to the Court on November 14 and 15, 2012 -- in the Court's 4 electronic case filing system ("ECF") by 12:00 p.m. Pacific 5 Standard Time on November 30, 2012, and (2) to desist from further 6 ex parte communication with the Court. 7 Order"). 8 United States District Court For the Northern District of California 10 11 12 13 14 16 As the Court explained at that time: [T]his case is, like every lawsuit, a matter of public record. Both Plaintiff and the public have a right to know what Ms. Cutshall says to the Court, just as Ms. Cutshall has a right to know what Plaintiff says to the Court. Ms. Cutshall shall DESIST from further ex parte communication with the Court. Put plainly, that means if Ms. Cutshall wants to ask the Court for something, she must file a motion through ECF. The Court will disregard and ignore any further communication from Ms. Cutshall unless it is filed in this case's docket through ECF. 9 15 ECF No. 101 ("Nov. 16 Id. at 3-4. Ms. Cutshall has not complied with the Court's November 16 17 Order. 18 Cutshall did not do so by the deadline or at any time since. 19 respect to the Order that she desist from further ex parte 20 communication, Ms. Cutshall sent the Court another ex parte letter 21 on December 7, 2012. 22 for relief from the requirement that Ms. Cutshall refrain from ex 23 parte communication. 24 reasons stated in the November 16 Order. 25 know what Ms. Cutshall says to the Court. 26 With respect to the Order to file her previous letters, Ms. With The Court construes that letter as a request The request, so construed, is DENIED, for the Plaintiff has a right to The hearing scheduled for December 17, 2012 remains 27 undisturbed. The hearing shall be held at 10:00 a.m. Pacific 28 Standard Time on December 17, 2012, in Courtroom One, United States 2 1 Courthouse, 450 Golden Gate Avenue, San Francisco, California. 2 Cutshall shall appear in person for the hearing or the Court will 3 enter her default in Case No. 10-cv-1561-SC. 4 Ms. At the hearing, the Court will also consider the matter of 5 sanctions. Sanctions may include payment of a fine. 6 may respond to the OSC either by (1) appearing in person or through 7 counsel at the December 17 hearing, or (2) filing through ECF a 8 brief of no more than five (5) pages, due at 12:00 p.m. Pacific 9 Standard Time on Friday, December 14, 2012, or (3) both appearing United States District Court For the Northern District of California 10 and filing a brief in ECF. 11 Ms. Cutshall Ms. Cutshall may not respond in any other way. 12 Lastly, even if Ms. Cutshall elects to file a brief in 13 response to the OSC, Ms. Cutshall is still required to attend the 14 December 17 hearing in person or through counsel to avoid default 15 in this case. 16 17 IT IS SO ORDERED. 18 19 20 Dated: December 10, 2012 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 3

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