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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN PATRICK HENNEBERRY,
Plaintiff,

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United States District Court
Northern District of California

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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.

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On June 14, 2017, the Court granted Yolanda Huang’s motion to withdraw as Plaintiff’s

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attorney on the condition she remain counsel of record on ECF and continue to accept and

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immediately forward filings to Plaintiff until Plaintiff registered as an ECF user or new counsel

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appeared in the action. See Order, Dkt. No. 116 at 2. The Order further directed Ms. Huang to e-

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file proof of service upon Plaintiff. Id.

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Ms. Huang filed proofs of service upon Plaintiff on June 14, 2017 and July 27, 2017. See

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Dkt. Nos. 117, 126. There is no indication Ms. Huang has continued to serve Plaintiff since that

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time. Specifically, there is no indication Ms. Huang has served Plaintiff with the Court’s Order re:

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Sanctions (Dkt. No. 129) or with its Order Setting Case Management Conference (Dkt. No. 130),

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which is scheduled for September 7, 2017.

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Defendants’ counsel already has incurred expenses in preparing for and appearing at a

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status conference at which Plaintiff did not appear. See OSC, Dkt. No. 121; Response, Dkt. No.

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123; Order re: OSC, Dkt. No. 124; Order re: Sanctions. If Plaintiff did not receive timely notice

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of the CMC and the Court’s order to prepare for the CMC, Defendants may needlessly incur

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additional costs and/or the Court may need to continue the matter further. At that juncture, the

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Court will consider dismissing the remainder of this case for failure to prosecute and for

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disobeying court-ordered deadlines.
Accordingly, no later than August 28, 2017, Ms. Huang shall file proofs of service

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showing she served the Court’s Order re: Sanctions and Order Setting Case Management

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Conference upon Plaintiff, and file a declaration showing cause why she should not be sanctioned

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by the Court for failing to do so. The Court warns Ms. Huang that failure to timely respond shall

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result in the imposition of additional sanctions.

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By that date, Defendants also shall file a one- to two-page declaration confirming whether

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they have been communicating with Plaintiff regarding the upcoming CMC, and whether they

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believe the parties will be able to file a joint CMC statement by August 31, 2017 as ordered.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: August 24, 2017
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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