Cobb et al v. Brede et al

Filing 46

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/9/2011 10:00 AM.. Signed by Judge Maria-Elena James on 5/19/2011. (mejlc1, COURT STAFF) (Filed on 5/19/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 JONATHAN D. COBB, SR., et al., No. C 10-03907 MEJ Plaintiffs, 7 v. ORDER TO SHOW CAUSE 8 ERNEST BREDE, et al., 9 10 Defendants. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 On May 18, 2011, Defendants filed a Request for Telephonic Conference, (Dkt. No. 45), 13 related to the discovery procedures in this case and Plaintiffs’ alleged failure to comply. 14 Specifically, Defendants state that Plaintiffs have (1) refused to comply with multiple requests for 15 compliance with Rule 26 disclosures, (2) failed to meet and confer as required regarding discovery 16 disputes, (3) refused to communicate with Defendants’ counsel on any matter relating to this case, 17 (4) failed to respond to interrogatories and requests for production, and (5) obtained civil subpoenas 18 and served individuals without serving copies on Defendants’ counsel. While not accepting 19 Defendants’ allegations as true, the Court notes that a pattern appears to be emerging in this case, 20 one in which Plaintiffs prosecute their case as they see fit without regard for the procedural rules of 21 this Court. Such behavior will not be tolerated. Accordingly, the Court ORDERS Plaintiffs to 22 appear before this Court and show cause why sanctions should not be imposed for failure to comply 23 with court rules. Plaintiffs shall appear on June 9, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 24 450 Golden Gate Avenue, San Francisco, California. 25 IT IS SO ORDERED. 26 27 28 Dated: May 19, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 JONATHAN D COBB SR Case Number: 10-03907 MEJ 4 Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 ERNEST BREDE 7 Defendant. 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 / 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 May 19, 2011, 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. 13 14 15 16 17 Jonathan D. Cobb, Sr. 828 Weeks St. Palo Alto, CA 94303 Walter Arlen St. Clair 1227 Sevier St Menlo Park, CA 94025 18 19 20 Dated: May 19, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 21 22 23 24 25 26 27 28 2

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