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).

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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

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