Albaum v. Millbrae Paradise Owners Association, et al

Filing 36

ORDER TO SHOW CAUSE Show Cause Response due by 7/12/2017.Signed by Judge Magistrate Judge Sallie Kim on 7/5/2017. (sklc2S, COURT STAFF) (Filed on 7/5/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VICTOR ALBAUM, Plaintiff, 8 9 10 11 Case No. 17-cv-01087-EMC (SK) ORDER TO SHOW CAUSE v. MILLBRAE PARADISE OWNERS ASSOCIATION, et al., United States District Court Northern District of California Defendants. 12 13 On June 19, 2017, the undersigned notified the parties and counsel of record that the Court 14 would hold a telephonic Scheduling Conference on June 27, 2017. (Dkt. 29) Plaintiff’s counsel 15 failed to appear. (Dkt. 30.) Counsel for all defendants other than Derrick Lee appeared. (Dkt. 16 30.) Counsel for defendant Derrick Lee failed to appear. (Dkt. 30.) The Court rescheduled the 17 telephonic Scheduling Conference on June 30, 2017. (Dkt. 30) Again, Plaintiff’s counsel failed to 18 appear. Counsel for all defendants appeared on June 30, 2017. (Dkt. 35.) 19 The Court notes that Plaintiff’s counsel filed a motion to withdraw one day after the initial 20 call and that the District Court has not yet ruled on the motion to withdraw. (Dkt. 31.) Plaintiff’s 21 counsel is admonished that Plaintiff’s counsel remains counsel in this matter until the District 22 Court rules on that pending motion to withdraw. Counsel for defendant Derrick Lee is 23 admonished that failure to appear before the Court may lead to sanctions in the future. 24 Therefore, the Court HEREBY ORDERS Plaintiff’s counsel to show cause why sanctions 25 in the amount of $500 should not be imposed. Although failure to appear one time may be 26 excused or explained, failing to appear twice may not be excused. Plaintiff’s counsel shall 27 respond in writing by no later than July 12, 2017. This sanction, if imposed, would be paid by 28 counsel personally, and not by Plaintiff. 1 2 3 4 5 IT IS SO ORDERED. Dated: July 5, 2017 ______________________________________ SALLIE KIM United States Magistrate Judge 6 7 8 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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