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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VICTOR ALBAUM,
Plaintiff,

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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.
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On June 19, 2017, the undersigned notified the parties and counsel of record that the Court

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would hold a telephonic Scheduling Conference on June 27, 2017. (Dkt. 29) Plaintiff’s counsel

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failed to appear. (Dkt. 30.) Counsel for all defendants other than Derrick Lee appeared. (Dkt.

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30.) Counsel for defendant Derrick Lee failed to appear. (Dkt. 30.) The Court rescheduled the

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telephonic Scheduling Conference on June 30, 2017. (Dkt. 30) Again, Plaintiff’s counsel failed to

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appear. Counsel for all defendants appeared on June 30, 2017. (Dkt. 35.)

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The Court notes that Plaintiff’s counsel filed a motion to withdraw one day after the initial

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call and that the District Court has not yet ruled on the motion to withdraw. (Dkt. 31.) Plaintiff’s

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counsel is admonished that Plaintiff’s counsel remains counsel in this matter until the District

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Court rules on that pending motion to withdraw. Counsel for defendant Derrick Lee is

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admonished that failure to appear before the Court may lead to sanctions in the future.

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Therefore, the Court HEREBY ORDERS Plaintiff’s counsel to show cause why sanctions

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in the amount of $500 should not be imposed. Although failure to appear one time may be

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excused or explained, failing to appear twice may not be excused. Plaintiff’s counsel shall

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respond in writing by no later than July 12, 2017. This sanction, if imposed, would be paid by

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counsel personally, and not by Plaintiff.

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IT IS SO ORDERED.
Dated: July 5, 2017
______________________________________
SALLIE KIM
United States Magistrate Judge

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United States District Court
Northern District of California

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