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