Henneberry v. City of Newark et al

Filing 109

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/15/2017 10:00 AM. Show Cause Response due by 6/8/2017. Motion Hearing on Motion to Withdraw set for 7/6/2017 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Signed by Judge Maria-Elena James on 5/25/2017. (mejlc3, COURT STAFF) (Filed on 5/25/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN PATRICK HENNEBERRY,

Case No. 13-cv-05238-MEJ

Plaintiff,
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v.
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CITY OF NEWARK, et al.,
Defendants.

ORDER CONTINUING MOTION TO
WITHDRAW; ORDER TO SHOW
CAUSE
Re: Dkt. No. 104

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United States District Court
Northern District of California

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Counsel for Plaintiff John Henneberry, Yolanda Huang, filed a motion to withdraw as

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Plaintiff’s attorney. See Mot., Dkt. No. 104. The Court set the Motion to be heard on May 25,

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2017 at 10:00 a.m. and clearly required “[b]oth Counsel and Plaintiff, John P. Henneberry [to]

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appear at [the] hearing, in person.” See Notice, Dkt. No. 106. Neither Plaintiff nor his counsel

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appeared in person at 10:00 a.m. on May 25, 2017. Plaintiff appeared at 10:30, having been told

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(presumably by Ms. Huang) that the hearing would start at that time. Ms. Huang never appeared.

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Accordingly, the Court hereby ORDERS Ms. Huang to show cause why she should not be

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sanctioned for failing to appear to argue her Motion as ordered. Ms. Huang shall file a declaration

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by June 8, 2017. If a responsive declaration is filed, the Court shall either issue an order based on

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the declaration or conduct a hearing on June 15, 2017 at 10:00 a.m. in Courtroom B, 15th Floor,

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450 Golden Gate Avenue, San Francisco, California.

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In addition, the Court CONTINUES THE HEARING on Ms. Huang’s Motion until July

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6, 2017 at 10:00 a.m. Ms. Huang shall continue to represent Plaintiff until that time, including at

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the upcoming June 29, 2017 settlement conference with Judge Beeler.

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IT IS SO ORDERED.
Dated: May 25, 2017
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MARIA-ELENA JAMES
United States Magistrate Judge