Henneberry v. City of Newark et al

Filing 121

ORDER TO SHOW CAUSE. Show Cause Response due by 7/20/2017. Signed by Judge Maria-Elena James on 7/7/2017. (mejlc3, COURT STAFF) (Filed on 7/7/2017) (Additional attachment(s) added on 7/7/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JOHN PATRICK HENNEBERRY,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.

Case No. 13-cv-05238-MEJ
ORDER TO SHOW CAUSE RE:
SECOND FAILURE TO APPEAR

CITY OF NEWARK, et al.,
Defendants.

12
13

Plaintiff’s counsel filed a motion to withdraw, which was scheduled to be heard on May

14

25, 2017. The Court ordered both Plaintiff and his counsel to appear. Dkt. No. 106. On the day

15

of the hearing, Plaintiff appeared but his counsel did not. On the record and in the Court’s

16

minutes filed that day, the Court denied the motion to withdraw and scheduled a status conference

17

for July 6, 2017. See Minutes, Dkt. No. 110. In a separate order, the Court also continued the

18

hearing on the motion to withdraw until July 6, 2017, and ordered counsel to show cause why she

19

should not be sanctioned for failing to appear. See Order to Show Cause (“OSC”), Dkt. No. 109.

20

Upon receiving counsel’s response, the Court discharged the OSC and granted the motion to

21

withdraw. Order, Dkt. No. 116. The Court did not vacate the status conference scheduled for July

22

6, 2017. Defendants appeared at the status conference; Plaintiff did not. See July 6, 2017

23

Minutes, Dkt. No. 120.

24

This is the second time Defendants have appeared at hearings that could not go forward

25

because Plaintiff or his counsel did not participate in the proceedings. The Court orders Plaintiff

26

to show cause why he should not reimburse Defendants for the reasonable fees and costs they

27

incurred in preparing for and attending the status conference. Plaintiff’s pro se status does not

28

excuse him from following this Court’s orders and being aware of scheduled deadlines and

1
2
3
4

appearances. Moreover, this case cannot proceed to trial without Plaintiff’s participation.
Plaintiff shall file this declaration no later than July 20, 2017. If Plaintiff does not file this
declaration, the Court will order him to bear all of Defendants’ reasonable fees and costs.
IT IS SO ORDERED.

5
6
7
8

Dated: July 7, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2