Henneberry v. City of Newark et al

Filing 131

ORDER FOR YOLANDA HUANG TO SHOW CAUSE. Show Cause Response due by 8/28/2017.Signed by Judge Maria-Elena James on 8/24/2017. (mejlc3, COURT STAFF) (Filed on 8/24/2017)

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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 FOR YOLANDA HUANG TO SHOW CAUSE WHY SHE SHOULD NOT BE SANCTIONED CITY OF NEWARK, et al., Defendants. 12 13 On June 14, 2017, the Court granted Yolanda Huang’s motion to withdraw as Plaintiff’s 14 attorney on the condition she remain counsel of record on ECF and continue to accept and 15 immediately forward filings to Plaintiff until Plaintiff registered as an ECF user or new counsel 16 appeared in the action. See Order, Dkt. No. 116 at 2. The Order further directed Ms. Huang to e- 17 file proof of service upon Plaintiff. Id. 18 Ms. Huang filed proofs of service upon Plaintiff on June 14, 2017 and July 27, 2017. See 19 Dkt. Nos. 117, 126. There is no indication Ms. Huang has continued to serve Plaintiff since that 20 time. Specifically, there is no indication Ms. Huang has served Plaintiff with the Court’s Order re: 21 Sanctions (Dkt. No. 129) or with its Order Setting Case Management Conference (Dkt. No. 130), 22 which is scheduled for September 7, 2017. 23 Defendants’ counsel already has incurred expenses in preparing for and appearing at a 24 status conference at which Plaintiff did not appear. See OSC, Dkt. No. 121; Response, Dkt. No. 25 123; Order re: OSC, Dkt. No. 124; Order re: Sanctions. If Plaintiff did not receive timely notice 26 of the CMC and the Court’s order to prepare for the CMC, Defendants may needlessly incur 27 additional costs and/or the Court may need to continue the matter further. At that juncture, the 28 Court will consider dismissing the remainder of this case for failure to prosecute and for 1 2 disobeying court-ordered deadlines. Accordingly, no later than August 28, 2017, Ms. Huang shall file proofs of service 3 showing she served the Court’s Order re: Sanctions and Order Setting Case Management 4 Conference upon Plaintiff, and file a declaration showing cause why she should not be sanctioned 5 by the Court for failing to do so. The Court warns Ms. Huang that failure to timely respond shall 6 result in the imposition of additional sanctions. 7 By that date, Defendants also shall file a one- to two-page declaration confirming whether 8 they have been communicating with Plaintiff regarding the upcoming CMC, and whether they 9 believe the parties will be able to file a joint CMC statement by August 31, 2017 as ordered. 10 IT IS SO ORDERED. United States District Court Northern District of California 11 12 13 14 Dated: August 24, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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