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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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NOVUS OPTIMUM LABS, dba NOVUS
OPTIMUM, INC., and MELIZA REYES,

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Plaintiffs and Counter-defendants,

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v.

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ORDER TO SHOW CAUSE
WHY SANCTIONS, INCLUDING
CASE-TERMINATING
SANCTIONS, SHOULD NOT BE
IMPOSED

GINA TAMAYO and EDGARDO TAMAYO,
dba NOVUS OPTI-LAB,

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Case No. 13-cv-01119 JST (NC)

Defendants and Counter-claimants.

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The parties were ordered to appear today for a settlement conference. Pro se

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defendants/counter-claimants Gina Tamayo and Edgardo Tamayo were served with the

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order setting the conference. Dkt. 56. Defendant Edgardo Tamayo was reminded of the

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conference on January 23, 2014, by email. Dkt. 57. Gina Tamayo and Edgardo Tamayo

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did not appear at the conference as ordered, did not submit a settlement conference

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statement as ordered, and did not move for a continuance of the conference. To date, the

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Tamayos have not explained their failure to respond to a court order.

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As a result, the Court orders that by February 7, 2014, Gina Tamayo and Edgardo

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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

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for their failure to follow court orders and for their failure to prosecute their counter-

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claim. Any facts submitted to the Court must be set forth by declaration submitted under

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penalty of perjury. The sanctions considered include a recommendation of default

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judgment against each of the defendants on the claims filed by plaintiffs, recommendation

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of dismissal of the Tamayos’ counter-claims, payment of costs and attorneys’ fees

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incurred by plaintiffs, and monetary sanction against the Tamayos. If the Tamayos do not

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respond to this Order by February 7, no further warning will be provided before sanctions

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are imposed.

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The Court will hold a hearing on this Order to Show Cause on February 12, 2014,

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at 2:00 p.m. in United States District Court, 450 Golden Gate Avenue, Courtroom A, 15th

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Floor, San Francisco. The Tamayos are ordered to appear at the hearing.

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For additional guidance, the Tamayos may refer to the Court's Pro Se Handbook,

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available on the Court's website at http://www.cand.uscourts.gov/prosehandbook, or

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contact the Legal Help Center, which provides information and limited-scope legal advice

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to pro se litigants in civil cases. The Legal Help Center requires an appointment, which

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can be made by calling [phone].

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Date: January 24, 2014
___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 13-cv-01119 JST (NC)
ORDER TO SHOW CAUSE
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