Methven & Associates Professional Corporation v. Paradies-Stroud et al

Filing 68

ORDER PARTIALLY DISCHARGING ORDER TO SHOW CAUSE. Signed by Judge JEFFREY S. WHITE on 11/15/13. (jjoS, COURT STAFF) (Filed on 11/15/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 METHVEN AND ASSOCIATES PROFESSIONAL CORPORTATION, 10 No. C 13-01079 JSW 11 v. For the Northern District of California United States District Court Plaintiff, 12 13 ORDER PARTIALLY DISCHARGING ORDER TO SHOW CAUSE SCARLETT PARADIES-STROUD, as administrator of the ESTATE OF ANDREW B. STROUD, et al., 14 Defendants. 15 / 16 17 Yesterday, the Court issued an Order to Show Cause (“OSC”) to counsel for Scarlett 18 Paradies-Stroud (“Pardies-Stroud”) as the administrator of the Estate of Andrew B. Stroud 19 (“Stroud Estate”), Andy Stroud, Inc. (“ASI”), and Stroud Productions and Enterprises, Inc. 20 (“SPE”) (collectively referred to as “Stroud Defendants”) to Show Cause (“OSC”) in writing by 21 no later than November 22, 2013 why he should not be sanctioned in the amount of $500 for 22 failing to participate in and file a joint case management statement by November 8, 2013 as was 23 required for the case management conference scheduled for November 15, 2013. The OSC was 24 premised in part on the fact that Methven & Associates Professional Corporation (“Methven”) 25 attested to contacting W. Charles Robinson, counsel for the Stroud Defendants, on October 7, 26 2013 regarding the required joint conference statement, well in advance of the November 8, 27 2013 deadline. (Declaration of April Sommer, ¶ 2.) However, after the Court issued the OSC, 28 Methven filed a corrected declaration, stating that Methven did not attempt to contact Mr. 1 Robinson until November 7, one day before the joint case management statement was due to be 2 filed. (Corrected Declaration of April Sommer, ¶ 2.) That is not sufficient time to allow the 3 parties to meet and confer and file a joint case management statement. Although Mr. Robinson 4 had an independent obligation to contact Methven as well, the Court does not find that sanctions 5 are warranted at this time. Accordingly, the Court DISCHARGES the OSC with respect to Mr. 6 Robinson’s failure to timely meet and confer and file a joint case management statement. All 7 parties are hereby admonished that any future failure to meet and confer in advance of the date 8 the next case management statement is due and participate in the joint statement will be 9 sanctioned. The parties shall start the meet and confer process no less than one week before the 11 For the Northern District of California United States District Court 10 12 13 joint statement is due to be filed. This Order does not discharge the OSC regarding the Stroud Defendants’ failure to file an opposition or statement of non-opposition to the motion to deposit property. IT IS SO ORDERED. 14 15 Dated: November 15, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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