Hall v. Cleaver et al

Filing 42

ORDER DISCHARGING ORDER TO SHOW CAUSE AND ISSUING WARNING re 39 Order to Show Cause; vacating the Friday, 3/21/2014 at 9:01 AM Order to Show Cause Hearing. Signed by Judge Yvonne Gonzalez Rogers on 3/20/14. (fs, COURT STAFF) (Filed on 3/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NATHANIEL HALL,

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Plaintiff,

United States District Court
Northern District of California

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Case No.: 11-CV-6284 YGR
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND ISSUING WARNING

vs.

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OFFICERS CLEAVER AND KODRES,

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Defendants.

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On March 3, 2014, a case management conference was held in the above-captioned case.
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(See Dkt. No. 36.) Counsel Dominique Alepin and Naira Der Kiureghian appeared on behalf of
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Plaintiff. Counsel for Defendants, Richard D. North, failed to appear. The following day, the
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Court issued an Order to Show Cause requiring Defendant’s counsel to explain his failure to appear
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for the case management conference. (Dkt No. 39.) In response thereto, on March 7, 2014,
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Defendant’s counsel Robert D. North timely provided a declaration in which he explained his
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failure to appear. (Dkt. No. 41.)
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The Court observes that in Mr. North’s declaration, he fails to explain how he could have
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drafted the Case Management Statement jointly with opposing counsel (Dkt. No. 37) and not
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recognize that the case management conference had not been properly calendared. Indeed, this is
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not the first time that Mr. North and the city office have failed to properly calendar a deadline with
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the result of unnecessarily burdening the Court and opposing counsel, and delaying resolution of
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this matter. (See Dkt. 14.) Thus, while the Court will, and does hereby DISCHARGE its Order to
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Show Cause of March 4, 2014 (Dkt. No. 39), Defendant’s counsel should consider himself warned
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that continued failures by Mr. North and the city office will not be readily tolerated and will likely

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result in the imposition of appropriate sanctions.

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Mr. North shall forward a copy of this order to Richard Doyle, City Attorney, personally,
and file proof of the same by Monday, March 24, 2014.
IT IS SO ORDERED.
Date: March 20, 2014

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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