Larry v. G4S Secure Solutions Inc.
Filing
47
ORDER TO SHOW CAUSE TO DIANE BERTRAM RE: CONTEMPT FOR FAILURE TO APPEAR PURSUANT TO DEPOSITION SUBPOENA. Signed by Magistrate Judge Jacqueline Scott Corley on 3/7/2016. (ahm, COURT STAFF) (Filed on 3/7/2016)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
CHARLEY LARRY,
Plaintiff,
8
9
10
v.
G4S SECURE SOLUTIONS INC.,
ORDER TO SHOW CAUSE TO DIANE
BERTRAM RE: CONTEMPT FOR
FAILURE TO APPEAR PURSUANT TO
DEPOSITION SUBPOENA
Defendant.
11
United States District Court
Northern District of California
Case No. 15-cv-03062-JSC
12
13
On December 14, 2015, Plaintiff personally served non-party Diane Bertram with a
14
subpoena to testify for a deposition on December 17, 2015 in the above-captioned civil case.
15
(Dkt. Nos. 33-1 at 3, 11.) Ms. Bertram thereafter failed to appear for the noticed deposition. (Dkt.
16
No. 33-1 at 16.) Following her non-appearance, Plaintiff filed the now pending Ex Parte
17
Application for an Order to Show Cause re: Contempt. (Dkt. Nos. 33.) The Court issued an Order
18
directing any opposition to the ex parte application to be filed by January 29, 2016 and directing
19
Plaintiff to serve the Court’s Order on Ms. Bertram. (Dkt. No. 36.) Although the process server
20
made six attempts to serve Ms. Bertram with the Court’s Order at the same address that the
21
deposition subpoena had previously been served, the process server was unable to do so. (Dkt.
22
No. 38 ¶ 3.)
23
Under Federal Rule of Civil Procedure 45(g), a party may seek an order to show cause as
24
to why a contempt citation should not issue if a person “fails without adequate excuse to object to
25
the subpoena or an order related to it.” A contempt citation shall issue if a person “fails without
26
adequate excuse” to respond. See Fed. Rule Civ. P. 45(g). Accordingly, the court issued an Order
27
to show cause requiring Ms. Bertram to appear and show cause on March 4, 2016 as to why she
28
should not be held in contempt. (Dkt. No. 41.) Ms. Bertram failed to appear as ordered.
1
Ms. Bertram shall be given one final opportunity to comply with the Court’s Order. Ms.
2
Bertram is ORDERED TO APPEAR AND SHOW CAUSE in person on April 21, 2016 at 1:30
3
p.m., in Courtroom F, 450 Golden Gate Ave., San Francisco, California 94102, as to why she
4
should not be held in contempt for failing to appear for the deposition pursuant to Federal Rule of
5
Civil Procedure 45(g). If she fails to appear, she will be held in civil contempt.
6
7
The United States Marshal shall serve this Order on Ms. Bertram at XXXXX
XXXXXXXX XXXX. XXXX, XXXXXXX, XX XXXXX.
8
9
10
IT IS SO ORDERED.
Dated: March 7, 2016
United States District Court
Northern District of California
11
12
JACQUELINE SCOTT CORLEY
United States Magistrate Judge
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?