Percelle v. Pearson et al

Filing 326

ORDER TO SHOW CAUSE. Plaintiff's counsel shall appear for a Show Cause Hearing on 8/1/2016 at 2:30 PM, Courtroom 2, 17th Floor, San Francisco. If Plaintiff's counsel wishes to file a written response, he must do so by 7/22/2016. Signed by Hon. Thelton E. Henderson on 6/15/2016. (tehlc1, COURT STAFF) (Filed on 6/15/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEVE DALE PERCELLE, Plaintiff, 7 v. 8 9 Case No. 12-cv-05343-TEH ORDER TO SHOW CAUSE STEVEN PEARSON, et al., Defendants. 10 United States District Court Northern District of California 11 On June 13, 2016, the parties in this case appeared for a second pre-trial conference. 12 13 During the conference, the Court discussed with counsel the admissibility of certain 14 evidence Plaintiff’s counsel intended to offer at trial. Based on the discussion, the Court 15 ruled that the evidence in question would not be admissible at trial. Plaintiff’s counsel 16 attempted to re-argue the admissibility of the evidence, but the Court made clear that its 17 ruling was final, and that the Court would not argue with counsel on the matter. The Court 18 confirmed that Plaintiff’s counsel heard and understood its ruling, and stated that the Court 19 and counsel would move on. 20 Despite the Court’s clear statement that it would not hear argument on the matter, 21 Plaintiff’s counsel began to speak, in order to re-argue the admissibility of the evidence. 22 The Court stated that it would have a hearing on whether to hold Plaintiff’s counsel in 23 contempt. 24 /// 25 /// 26 /// 27 /// 28 /// 1 Accordingly, Plaintiff’s counsel is hereby ORDERED to SHOW CAUSE as to why 2 contempt sanctions should not be issued due to Plaintiff’s counsel’s failure to follow the 3 Court’s order to cease argument about the aforementioned evidentiary matter. The show 4 cause hearing shall be held on Monday, August 1, 2016, at 2:30 PM in Courtroom 2, 17th 5 Floor of the Phillip Burton Federal Building. Defendants’ counsel need not appear at the 6 hearing. If Plaintiff’s counsel wishes to file a written response, he must do so on or before 7 Friday, July 22, 2016. 8 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 12 Dated: 06/15/16 _____________________________________ THELTON E. HENDERSON United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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