Tynan v. Diversified Collection Services, Inc.

Filing 24

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 2/1/2013 09:01 AM. Show Cause Response due by 1/25/2013.. Signed by Judge Yvonne Gonzalez Rogers on 1/7/13. (fs, COURT STAFF) (Filed on 1/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSAN TYNAN
Plaintiff,

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Case No.: 12-CV-00739 YGR
ORDER TO SHOW CAUSE

vs.
DIVERSIFIED COLLECTION SERVICES,
INC.,
Defendant.

Northern District of California

United States District Court

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TO ALL PARTIES AND COUNSEL OF RECORD:
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Plaintiff’s counsel, G. Thomas Martin, is hereby ORDERED TO SHOW CAUSE why he should
not be sanctioned for failing to appear at the Case Management Conference on January 7, 2013. (See
Standing Order in Civil Cases at Section 6.) Defendant’s counsel informed the Court of a message
received by Mr. Martin prior to the conference regarding his non-appearance. While notices of

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settlement were filed in this action and other related actions with Defendant, the Case Management

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Conference had not been taken off calendar, nor did Plaintiff’s counsel request to appear

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telephonically. No dismissal has been entered in this action. Moreover, being located in Southern

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California is not a reason excusing a personal appearance otherwise required by this Court.

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At the Case Management Conference, Defendant’s counsel informed the Court that Plaintiff
has not yet returned an executed settlement agreement.

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A hearing on this Order to Show Cause shall be held on Friday, February 1, 2013, on the

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Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in

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Courtroom 5. Plaintiff’s counsel must file a written response to this Order to Show Cause no later

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than January 25, 2013 explaining (i) counsel’s failure to appear, and (ii) why Plaintiff has not yet

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signed the settlement agreement. If the settlement agreement has been signed and a dismissal is filed

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by January 25, 2013, the Court will take the Order to Show Cause hearing off calendar. If Plaintiff’s

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counsel files a timely written response, but not a dismissal, and the Court is satisfied with Plaintiff’s

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counsel’s response, it will consider taking the Order to Show Cause hearing off calendar. Unless

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otherwise ordered, Plaintiff’s counsel shall be required to appear personally at the hearing.

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IT IS SO ORDERED.

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Dated: January 7, 2013
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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