Edwards v. Federal Home Loan Mortgage Corporation et al

Filing 58

ORDER TO SHOW CAUSE WHY COUNSEL FOR PLAINTIFFS SHOULD NOT BE SANCTIONED - Show Cause Response due by 9/9/2013. Signed by Judge William H. Orrick on 08/28/2013. (jmdS, COURT STAFF) (Filed on 8/28/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAURA A EDWARDS, et al.,

Case No. 12-cv-04868-WHO

Plaintiffs,
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v.
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FEDERAL HOME LOAN MORTGAGE
CORPORATION, et al.,

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United States District Court
Northern District of California

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ORDER TO SHOW CAUSE WHY
COUNSEL FOR PLAINTIFFS SHOULD
NOT BE SANCTIONED

Defendants.

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On August 14, 2013, the Court held a hearing on the Motion to Dismiss Plaintiff’s Second

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Amended Complaint (Dkt. No. 47), as well as a case management conference. Dkt. No. 55.

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Although counsel for the defendants appeared to argue the motion, neither counsel for the

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plaintiffs, Jeremy J. Alberts or Batkhand Zoljargal, appeared to defend against the motion.

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At the hearing, as reflected in the Civil Minutes, the Court ordered the parties to hold a

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teleconference with the alternative dispute resolution unit within two weeks to discuss whether an

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ADR process may prove beneficial. A teleconference was scheduled for August 27, 2013. Dkt.

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No. 57. Although counsel for the defendants appeared, neither counsel for the plaintiffs appeared

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despite multiple attempts by the ADR unit to contact them, nor have counsel for the plaintiffs

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explained their absence.

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The lack of diligence which counsel for the plaintiffs have shown in prosecuting the

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plaintiffs’ case and their disregard for the Court's order to participate in the ADR conference is

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unacceptable. The Court ORDERS Jeremy J. Alberts and Batkhand Zoljargal to show cause why

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they should not each be sanctioned $250.00 given their failure to follow the Court’s order, their

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lack of professional courtesy and disrespect towards opposing counsel and the Court by failing to

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appear at Court-scheduled hearings/telephone conferences, and, most importantly, their failure to

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dutifully represent their clients’ interests. Counsel shall respond to this Order to Show Cause no

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later than September 9, 2013.

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IT IS SO ORDERED.

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Dated: August 28, 2013

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______________________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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