Perez v. California Department of Corrections and Rehabilitation et al

Filing 52

ORDER TO SHOW CAUSE. Show Cause Response due by 5/1/2013. Signed by Judge Jon S. Tigar on April 22, 2013. (wsn, COURT STAFF) (Filed on 4/23/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 APRIL PEREZ, Case No. 11-cv-02134-JST Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 11 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., United States District Court Northern District of California Defendants. 12 13 By May 1, 2013, Donald Mah and William Reustle, counsel for Plaintiff Perez, shall show 14 cause in writing why they should not be sanctioned for failure to comply with this Court’s orders, 15 the Federal Rules of Civil Procedure, and the local rules of this district. See Miranda v. S. Pac. 16 Transp. Co., 710 F.2d 516, 521 (9th Cir. 1983) (discussing the types of sanctions that a district 17 court may impose on a noncomplying attorney); see also Civil L.R. 1-4 (“Failure by counsel or a 18 party to comply with any duly promulgated local rule or any Federal Rule may be a ground for 19 imposition of any authorized sanction.”); Civil L.R. 11-6 (discussing the authority of a district 20 judge to refer an attorney who has engaged in unprofessional conduct to the Court’s Standing 21 Committee on Professional Conduct or to the Chief District Judge). 22 The bases for this order, and the failures counsel must address in their response to this 23 order, are as follows: First, counsel for Perez failed to appear at the case management conference 24 held on April 17, 2013, as required by this Court’s order, Federal Rule of Civil Procedure 16, and 25 the local rules of this district. Second, counsel for Perez failed to participate in the preparation of 26 a joint case management statement as required by this Court’s reassignment order. See Order Re: 27 Failure to Comply with Reassignment Order, ECF No. 48; Donald Decl. ¶ 9, ECF No. 50. Third, 28 counsel for Perez have failed to respond to the letters and telephone calls of Karen Donald, 1 counsel for Defendants, with respect the preparation of statements required by the local rules of 2 this district. See Donald Decl. ¶ 5 & Ex. A, ECF No. 43. Finally, counsel for Perez failed to file a 3 notice of appearance as required by Civil Local Rule 5-1(c). 4 The Court notes that Donald Mah currently is not eligible to practice law, as he was 5 “ordered inactive” by the State Bar of California on December 30, 2012. See Civil L.R. 11-8 (“A 6 person who exercises, or pretends to be entitled to exercise, any of the privileges of membership in 7 the bar of this Court, when that person is not entitled to exercise such privileges, may be referred 8 to the Standing Committee in addition to any action authorized by applicable law.”). 9 10 United States District Court Northern District of California 11 12 13 14 Counsel for Perez are ordered to serve a copy of this Order on Plaintiff Perez and to file a certificate of service in ECF no later than April 29, 2013. IT IS SO ORDERED. Dated: April 22, 2013 ______________________________________ JON S. TIGAR United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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