A Truly Electric Car Company v. Stronach et al

Filing 32

ORDER RE-SETTING HEARING ON MOTION TO REMAND; ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 11/16/2012 09:01 AM. Show Cause Response due by 11/9/2012.. Signed by Judge Yvonne Gonzalez Rogers on 10/22/12. (fs, COURT STAFF) (Filed on 10/22/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A TRULY ELECTRIC CAR COMPANY,
Plaintiff,

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vs.
FRANK STRONACH, et al.,

Case No.: 11-cv-06578-YGR
ORDER RE-SETTING HEARING ON MOTION
TO REMAND AND ORDER TO SHOW CAUSE
REGARDING PLAINTIFF’S FAILURE TO
COMPLY WITH CIVIL LOCAL RULE 7-2 AND
THIS COURT’S STANDING ORDER IN CIVIL
CASES

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Defendants.
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Northern District of California

United States District Court

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TO PLAINTIFF AND ITS COUNSEL OF RECORD:
Plaintiff’s counsel, Edward Durney, is hereby ORDERED TO SHOW CAUSE why he should not

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be sanctioned for failing to comply with Civil Local Rule 7-2 (“Civ. L.R. 7-2”) regarding noticing

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hearing dates and this Court’s Standing Order in Civil Cases (“Standing Order”) reflecting the same.

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Civ. L.R. 7-2(a) states that: “Except as otherwise ordered or permitted by the assigned Judge

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or these Local Rules, and except for motions made during the course of a trial or hearing, all motions

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must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing

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not less than 35 days after service of the motion.” The Court’s Standing Order states at Section 3

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regarding Changes to Court Calendar: “No changes to the Court’s schedule shall be made except by

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signed order of the Court and only upon a showing of good cause. Parties seeking to continue

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hearings, request special status conferences, modify briefing schedules, or make any other procedural

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changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a

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Motion for Administrative Relief, as contemplated by Civil Local Rule 7-11.” The Court’s Standing

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Order further provides that “requests which, in effect, do not allow the Court two weeks from the

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filing of the last brief until the scheduled hearing date are denied routinely.”

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An Order to Show Cause hearing shall be held on Friday, November 16, 2012, on the Court’s
9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in Courtroom 5.

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Plaintiff’s counsel must file a written response to this Order to Show Cause no later than November 9,

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2012 explaining why he failed to comply with the Civil Local Rules and this Court’s Standing Order.

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Plaintiff’s counsel shall also file a certification attesting that he has personally reviewed the Civil

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Local Rules regarding Motion Practice and the Court’s Standing Order in Civil Cases. Plaintiff’s

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counsel must appear personally at the hearing. If the Court is satisfied with counsel’s response, it will

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consider taking the Order to Show Cause hearing off calendar.

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The hearing on Plaintiff’s Motion to Remand is hereby re-scheduled for December 4, 2012 at
2:00 p.m.
IT IS SO ORDERED.

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Northern District of California

United States District Court

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Dated: October 22, 2012

____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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