Novus Optimum Labs et al v. Tamayo et al

Filing 59

ORDER TO SHOW CAUSE WHY SANCTIONS, INCLUDING CASE-TERMINATING SANCTIONS, SHOULD NOT BE IMPOSED. Order to Show Cause Hearing set for 2/12/2014 02:00 PM. Show Cause Response due by 2/7/2014.Signed by Judge Nathanael M. Cousins on January 24, 2014. (nclc1S, COURT STAFF) (Filed on 1/24/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 NOVUS OPTIMUM LABS, dba NOVUS OPTIMUM, INC., and MELIZA REYES, 13 Plaintiffs and Counter-defendants, 14 v. 15 16 ORDER TO SHOW CAUSE WHY SANCTIONS, INCLUDING CASE-TERMINATING SANCTIONS, SHOULD NOT BE IMPOSED GINA TAMAYO and EDGARDO TAMAYO, dba NOVUS OPTI-LAB, 17 Case No. 13-cv-01119 JST (NC) Defendants and Counter-claimants. 18 19 20 The parties were ordered to appear today for a settlement conference. Pro se 21 defendants/counter-claimants Gina Tamayo and Edgardo Tamayo were served with the 22 order setting the conference. Dkt. 56. Defendant Edgardo Tamayo was reminded of the 23 conference on January 23, 2014, by email. Dkt. 57. Gina Tamayo and Edgardo Tamayo 24 did not appear at the conference as ordered, did not submit a settlement conference 25 statement as ordered, and did not move for a continuance of the conference. To date, the 26 Tamayos have not explained their failure to respond to a court order. 27 As a result, the Court orders that by February 7, 2014, Gina Tamayo and Edgardo 28 Tamayo must explain in a writing filed with the Court why they should not be sanctioned Case No. 13-cv-01119 JST (NC) ORDER TO SHOW CAUSE 1 for their failure to follow court orders and for their failure to prosecute their counter- 2 claim. Any facts submitted to the Court must be set forth by declaration submitted under 3 penalty of perjury. The sanctions considered include a recommendation of default 4 judgment against each of the defendants on the claims filed by plaintiffs, recommendation 5 of dismissal of the Tamayos’ counter-claims, payment of costs and attorneys’ fees 6 incurred by plaintiffs, and monetary sanction against the Tamayos. If the Tamayos do not 7 respond to this Order by February 7, no further warning will be provided before sanctions 8 are imposed. 9 The Court will hold a hearing on this Order to Show Cause on February 12, 2014, 10 at 2:00 p.m. in United States District Court, 450 Golden Gate Avenue, Courtroom A, 15th 11 Floor, San Francisco. The Tamayos are ordered to appear at the hearing. 12 For additional guidance, the Tamayos may refer to the Court's Pro Se Handbook, 13 available on the Court's website at, or 14 contact the Legal Help Center, which provides information and limited-scope legal advice 15 to pro se litigants in civil cases. The Legal Help Center requires an appointment, which 16 can be made by calling (415) 782-8982. 17 18 Date: January 24, 2014 ___________________________ NATHANAEL M. COUSINS United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 Case No. 13-cv-01119 JST (NC) ORDER TO SHOW CAUSE 2

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