Lazo et al v. Bank of America, N.A.

Filing 25

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 11/1/2012 11:00 AM. Show Cause Response due by 10/25/2012.. Signed by Judge Laurel Beeler on 10/16/2012. (lblc2, COURT STAFF) (Filed on 10/16/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
PAULA LAZO, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 12-00762 LB
Plaintiffs,

ORDER TO SHOW CAUSE

v.
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BANK OF AMERICA, N.A.,
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Defendant.
_____________________________________/

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In preparation for the October 11, 2012 Initial Case Management Conference (“CMC”),

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defendant Bank of America N.A. (“Bank of America”) filed a separate case management conference

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statement. Bank of America’s 10/5/2012 CMC Statement, ECF No. 22. In it, Bank of America

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stated that it had not been able to get a hold of Plaintiffs’ counsel for some time, either to discuss

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settlement or to draft a joint CMC statement. Id. At roughly 9:30 p.m. on October 10, 2012 (the

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night before the scheduled Initial CMC), Plaintiffs filed a CMC statement. Plaintiffs’ 10/10/2012

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CMC Statement, ECF No. 23. In it, Plaintiffs’ counsel did not explain why they have not contacted

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Bank of America’s counsel, but they did say that they were having trouble contacting their clients.

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Id.

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Neither of Plaintiffs’ counsel appeared at the CMC the next day. Instead, another attorney, who

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is not involved with this case, specially appeared on their behalf. At the CMC, to remedy the

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breakdown in communication, the court stated that it would order Plaintiffs’ counsel to appear

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before the court to explain what has happened. Bank of America agreed with this process.
C 12-00762 LB
ORDER TO SHOW CAUSE

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Accordingly, the court ORDERS Plaintiffs’ counsel—both Mr. Lauro Nick Pacheco, Jr. and Mr.

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Hakop A. Kashishyan—to respond in writing, no later than October 25, 2012, and explain their

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efforts to contact their clients and their failure to communicate with Bank of America. Further, the

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court ORDERS both Mr. Pacheco and Mr. Kashishyan to appear before the court on November 1,

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2012 at 11:00 a.m. to show cause why this case should not be dismissed for failure to prosecute and

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why they should not be sanctioned for their lack of participation in it. If Plaintiffs’ counsel timely

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files their written response that adequately explains their conduct, the November 1, 2012 hearing

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will be converted from a show cause hearing to a Further CMC. Even if the hearing is converted to

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a Further CMC, Plaintiffs’ counsel both shall appear at it in person.

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Dated: October 16, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.

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C 12-00762 LB
ORDER TO SHOW CAUSE

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