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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PLUSFIVE CLAIMS, LLC,

United States District Court

For the Northern District of California

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Plaintiff,

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v.

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0713401 B.C. LTD, a foreign
entity, SHARRIE CUTSHALL, an
individual,

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Defendants.
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Case No. 10-1561-SC
ORDER DENYING MOTION TO
CONTINUE HEARING; ORDER TO
SHOW CAUSE

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The Court hereby DENIES Defendant Sharrie Cutshall's request

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to continue the scheduled December 17, 2012 hearing in this matter.

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The hearing shall proceed as scheduled.

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in person or through counsel.

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default.

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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

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should not issue against her.1

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disregarded this Court's Orders concerning ex parte communication.

Ms. Cutshall has repeatedly

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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.

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On November 16, 2012, the Court ordered Ms. Cutshall (1) to file

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her past ex parte communications -- specifically, the letters she

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emailed to the Court on November 14 and 15, 2012 -- in the Court's

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electronic case filing system ("ECF") by 12:00 p.m. Pacific

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Standard Time on November 30, 2012, and (2) to desist from further

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ex parte communication with the Court.

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Order").

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United States District Court

For the Northern District of California

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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.

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ECF No. 101 ("Nov. 16

Id. at 3-4.
Ms. Cutshall has not complied with the Court's November 16

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Order.

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Cutshall did not do so by the deadline or at any time since.

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respect to the Order that she desist from further ex parte

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communication, Ms. Cutshall sent the Court another ex parte letter

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on December 7, 2012.

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for relief from the requirement that Ms. Cutshall refrain from ex

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parte communication.

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reasons stated in the November 16 Order.

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know what Ms. Cutshall says to the Court.

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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

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undisturbed.

The hearing shall be held at 10:00 a.m. Pacific

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Standard Time on December 17, 2012, in Courtroom One, United States

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Courthouse, 450 Golden Gate Avenue, San Francisco, California.

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Cutshall shall appear in person for the hearing or the Court will

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enter her default in Case No. 10-cv-1561-SC.

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Ms.

At the hearing, the Court will also consider the matter of

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sanctions.

Sanctions may include payment of a fine.

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may respond to the OSC either by (1) appearing in person or through

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counsel at the December 17 hearing, or (2) filing through ECF a

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brief of no more than five (5) pages, due at 12:00 p.m. Pacific

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Standard Time on Friday, December 14, 2012, or (3) both appearing

United States District Court

For the Northern District of California

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and filing a brief in ECF.

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Ms. Cutshall

Ms. Cutshall may not respond in any

other way.

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Lastly, even if Ms. Cutshall elects to file a brief in

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response to the OSC, Ms. Cutshall is still required to attend the

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December 17 hearing in person or through counsel to avoid default

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in this case.

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IT IS SO ORDERED.

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Dated: December 10, 2012
UNITED STATES DISTRICT JUDGE

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