Maclellan v. County of Alameda et al

Filing 122

ORDER RE: FAILURE TO COMPLY WITH PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on March 31, 2014. (mmclc2, COURT STAFF) (Filed on 3/31/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DOREEN MACLELLAN,

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No. C 12-5795 MMC

Plaintiff,

ORDER RE: FAILURE TO COMPLY
WITH PRETRIAL PREPARATION
ORDER

v.
ALAMEDA COUNTY, et al.,
Defendants.

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The Court is in receipt of the declaration, filed March 25, 2014, by Kevin M. Smith,

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counsel for defendant ValleyCare Health System (“ValleyCare”), in which Mr. Smith

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explains his “failure to comply with the Court’s Pre-Trial Preparation Order by [his] failure to

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appear at the Pre-Trial Conference on March 18, 2014.” (See Smith Decl. ¶ 2.)

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The Court appreciates Mr. Smith’s detailed account of the reasons for his absence

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from those proceedings. As made clear at the Pretrial Conference, however, the Court’s

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request for an explanation was not limited to such nonappearance, but, rather, was directed

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as well at counsel’s failure to file on behalf of ValleyCare any documents required by the

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Pretrial Preparation Order. (See Pretrial Preparation Order, filed February 25, 2013, at 3-5

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(setting forth required filings).)

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Although Mr. Smith does state he anticipated counsel for Alameda County Medical

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Center (“ACMC”) would “take the laboring oar” in that regard (see Smith Decl. ¶ 9), the

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issues pertaining to the two defendants differ considerably and, consequently, ACMC’s

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pretrial filings were filed solely on behalf of ACMC. Nevertheless, the Court will accept Mr.

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Smith’s declaration as an adequate explanation.

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Accordingly, no further action will be taken.

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IT IS SO ORDERED.

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Dated: March 31, 2014
MAXINE M. CHESNEY
United States District Judge

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