Reeves & Associates, PLC v. Muller

Filing 44

ORDER REQUIRING RESPONSE FROM DEFENDANT AND RESETTING ORDER TO SHOW CAUSE HEARING Order to Show Cause Hearing set for 1/24/2013 08:00 AM. Show Cause Response due by 1/17/2013.. Signed by Judge Alsup on 1/10/13. (whalc2, COURT STAFF) (Filed on 1/10/2013) (Additional attachment(s) added on 1/10/2013: # 1 Certificate of Service) (tlS, COURT STAFF).

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 12 13 No. C 11-04762 WHA REEVES & ASSOCIATES, PLC, Plaintiff, ORDER REQUIRING RESPONSE FROM DEFENDANT AND RESETTING ORDER TO SHOW CAUSE HEARING v. MATTHEW D. MULLER, AND DOES 125, Inclusive, Defendants. / 14 15 By order dated December 24, 2012, plaintiff’s request for an order requiring pro se defendant 16 Matthew Muller to show cause why he should not be held in contempt for violating a stipulated 17 order for injunctive relief and protective order was granted (Dkt. No. 41). A show-cause hearing 18 was scheduled for January 10, 2013. The order to show cause required the parties to file written 19 responses by January 7. Defendant has failed to respond in any manner to plaintiff’s motion or to 20 this Court’s recent orders (Dkt. Nos. 35 and 41). On January 9, the day before the hearing, 21 defendant Muller left a voice message stating that he was “incapacitated” and alluding to medical 22 issues. As defendant is an attorney, he should be aware that such ex parte communications with the 23 Court are improper. If defendant wished to request a continuance, he should have done so by proper 24 motion supported by sworn declaration, filed well in advance of the hearing date. 25 Counsel for plaintiff appeared at the January 10 hearing and requested the Court issue an 26 order finding defendant in contempt of the stipulated protective order and requiring defendant to pay 27 plaintiff’s attorney’s fees. Defendant is hereby ORDERED TO SHOW CAUSE why such an order 28 should not be issued against him. Defendant must respond by filing a sworn declaration by NOON 1 ON JANUARY 17. An order to show cause hearing is hereby set for 8 A.M. ON JANUARY 24. 2 Defendant is warned that failure to respond to this order may result in a contempt order being 3 entered against him. Plaintiff shall serve this order on defendant via email and United States mail 4 forthwith. 5 6 IT IS SO ORDERED. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 10, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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