Sabel v. City and County of San Francisco et al

Filing 31

ORDER setting case management conference and providing for dismissal if conditions not satisfied. Plaintiff's counsel to file declaration of service on Plaintiff by 7/10/2017. Joint Case Management Statement due by 7/24/2017. Further Case Management Conference set for 7/31/2017 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 06/29/17. (tehlc3, COURT STAFF) (Filed on 6/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORMAN SABEL,
Plaintiff,

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v.
CITY AND COUNTY OF SAN
FRANCISCO, et al.,

Case No. 16-cv-04832-TEH
ORDER SETTING CASE
MANAGEMENT CONFERENCE
AND PROVIDING FOR DISMISSAL
IF CONDITIONS NOT SATISFIED

Defendants.
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The Court held a case management conference (“CMC”) on June 26, 2017, at

United States District Court
Northern District of California

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1:30 PM. Plaintiff’s counsel, Mr. Tim Gomes, did not appear, nor did any other counsel

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on Plaintiff’s behalf. An attorney representing that he was asked to make a special

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appearance on Mr. Gomes’s behalf contacted the Court around 2:40 PM, well after the

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case had been called and the CMC completed.

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Mr. Gomes previously failed to appear at the June 12, 2017 CMC but did ask

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Mr. John Lee to appear specially on his behalf. Unbeknownst to Mr. Lee in advance of the

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conference, Mr. James O’Gallagher also appeared and stated that he might be substituting

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in as counsel for Plaintiff.

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At the June 26 CMC, Defendants’ counsel represented that she had spoken with

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Mr. O’Gallagher, who informed her that he would not be substituting in as counsel, and

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that she had also spoken with Mr. Gomes, who indicated his intent to remain as counsel of

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record. She further represented that she had earlier received email communications

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directly from Plaintiff Norman Sabel, to which she appropriately responded, with a copy to

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Mr. Gomes, that ethical rules prevented her from communicating directly with Mr. Sabel

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because he was represented by counsel.

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The Court understands that Mr. Gomes is experiencing some personal problems and

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is not unsympathetic. However, the Court cannot allow these issues to grind this case to a

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halt. Mr. Gomes has already missed several CMCs; failed to withdraw his improperly

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filed third amended complaint; failed to respond to discovery requests, even after being

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granted extensions; and failed to respond to Defendants’ motion to compel discovery and

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for sanctions or to file a stipulation or motion to extend the briefing schedule.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

On or before July 10, 2017, Mr. Gomes shall file a declaration under penalty

of perjury that he sent a copy of this order to Mr. Sabel.
2.

The parties shall file a joint case management conference statement on or

before July 24, 2017.
3.

The parties shall appear for a case management conference on July 31, 2017,

at 1:30 PM, in Courtroom 12, 450 Golden Gate Avenue, San Francisco, California.

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United States District Court
Northern District of California

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Mr. Gomes shall personally appear unless a substitution of counsel has been filed, in which

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case new counsel must personally appear. No special appearances shall be permitted.

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4.

Failure to comply with any provisions of this order shall result in dismissal

of this case without prejudice.

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IT IS SO ORDERED.

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Dated: 06/29/17

_____________________________________
THELTON E. HENDERSON
United States District Judge

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