AH4R-CA, LLC v. De Leon et al

Filing 21

ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 8/8/2013 09:00 AM.Signed by Judge William H. Orrick on 08/06/2013. (jmdS, COURT STAFF) (Filed on 8/6/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AH4R-CA, LLC,

Case No. 13-cv-01667-WHO

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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JOSEFINA LAMPA DE LEON, et al.,
Defendants.

United States District Court
Northern District of California

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Attorney Linda Z. Voss represents the Defendants in this case. On May 31, 2013, based

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on her suspension by the Bankruptcy Court of the Northern District of California, Judge William

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Alsup of this court suspended Ms. Voss from the court’s bar on an interim basis under Civil Local

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Rule 11-7(b)(1) and issued an order to show cause why a suspension or disbarment order should

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not be entered. In the Matter of Linda Z. Voss, No. 3:13-mc-80120-WHA (N.D. Cal. June 3,

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2013) (Dkt. No. 1). Ms. Voss did not respond as ordered, and Judge Alsup therefore suspended

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her from the court’s bar on July 8, 2013. Id. (Dkt. No. 2).

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“[A]n attorney must be a member of the bar of this Court to practice in this Court.” CIV. L.

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R. 11-1(a). “A person who exercises, or pretends to be entitled to exercise, any of the privileges of

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membership in the bar of this Court, when that person is not entitled to exercise such membership

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privileges, may be referred to the Standing Committee in addition to any action authorized by

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applicable law.” CIV. L. R. 11-8.

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Ms. Voss failed to notify the Court about her suspension status and remains listed as

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counsel in this case. More importantly, she failed to respond to Plaintiff’s Motion to Remand

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(Dkt. No. 13) by the June 4, 2013, deadline and has failed to otherwise defend this case on behalf

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of her clients or to find alternate counsel for them. The significant prejudice she has caused her

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clients and the waste of judicial resources this issue entails are unacceptable.
The Court ORDERS Ms. Voss to personally appear before the Court at the Case

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Management Conference set for this case on August 8, 2013, at 9 a.m. in Courtroom 2, 17th Floor,

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450 Golden Gate Avenue, San Francisco, California. At that time, Ms. Voss is ORDERED to

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show cause as to why she should not be referred to the Standing Committee or otherwise

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sanctioned based on the fact that she (1) has not withdrawn from this case even though she is

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suspended from practice, (2) failed to provide the Court with notice of her suspension, (3) failed to

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respond to the Motion to Remand, and (4) failed to substitute counsel or make other arrangements

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regarding her clients’ representation.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: August 6, 2013
______________________________________
WILLIAM H. ORRICK
United States District Judge

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