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