Cohen v. Tresca et al
Filing
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ORDER FOR PLAINTIFF'S COUNSEL TO SHOW CAUSE (Illston, Susan) (Filed on 11/6/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PAULA P. COHEN, on behalf of the United
States of America,
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Plaintiff/Relator,
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United States District Court
For the Northern District of California
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No. C 12-02301 SI
ORDER FOR PLAINTIFF’S COUNSEL
TO SHOW CAUSE
v.
LISA TRESCA, MICHAEL QUIROGA, and
DOES 1-100, inclusive,
Defendants.
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/
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This qui tam case was filed on behalf of relator Paula F. Cohen on May 8, 2012. The United
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States declined to intervene and the case was unsealed on July 16, 2012. On August 13, 2012, the Court
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issued an ORDER TO SHOW CAUSE, requiring plaintiff to show cause in writing why she failed to
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appear at the Court’s August 10, 2012 Case Management Conference and whether she intended to
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continue with this action. Docket No. 4. Additionally, plaintiff was ordered to serve defendants no later
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than September 5, 2012. This Court cautioned that, if plaintiff failed to do so, this action would be
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dismissed without prejudice in accordance with Rule 4(m). Id. Plaintiff did not respond to the OSC.
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On September 5, 2012, plaintiff filed a First Amended Qui Tam Complaint. Plaintiff did not
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address whether she had served defendants and there was no evidence that plaintiff had served
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defendants or otherwise complied with the Court’s order re service. As such, on September 7, 2012,
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the Court dismissed the case without prejudice for failure to timely serve under Rule 4(m). Docket No.
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7.
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On October 12, 2012, plaintiff’s counsel John W. Reed filed a notice of the death of plaintiff and
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a request to be allowed thirty days to serve defendants and substitute the estate of Paula P. Cohen as
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plaintiff. Docket No. 9. In support of that request, Mr. Reed attached a copy of Paula Cohen’s death
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certificate. According to that death certificate, Mr. Reed actually reported Ms. Cohen’s death to the
authorities on or about January 16, 2012 – which was some four months prior to his filing of this action
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on her behalf. Mr. Reed’s residence was listed as the “place of final disposition.” See Docket No. 9-1.
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It appears, therefore, that John W. Reed filed this case on May 8, 2012 on behalf of a client he
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personally knew was dead. Therefore, Mr. Reed is ORDERED TO SHOW CAUSE in a writing filed
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with this Court on or before November 30, 2012, why he should not be sanctioned for unprofessional
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conduct in the practice of law before this Court. Such sanctions may include referral to the Standing
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Committee on Professional Conduct, the Chief Judge, or another appropriate disciplinary authority in
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California or the Northern District. See L.R. 11-6 (a). A hearing on this Order To Show Cause will be
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held December 7, 2012 at 9:00 a.m.
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United States District Court
For the Northern District of California
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IT IS SO ORDERED.
Dated: November 6, 2012
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SUSAN ILLSTON
United States District Judge
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