Kennedy v. Bank of America, N.A. et al

Filing 32

ORDER CONTINUING HEARING ON ORDER TO SHOW CAUSE REGARDING PLAINTIFF'S FAILURE TO COMPLY WITH CIVIL LOCAL RULES 3-4(c)and 7-4(B). Order to Show Cause Hearing set for 5/11/12 is VACATED AND RESET to Friday 6/8/2012 09:01 AM.. Signed by Judge Yvonne Gonzalez Rogers on 5/9/12. (Attachments: # 1 Exhibit)(fs, COURT STAFF) (Filed on 5/9/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRY KENNEDY,

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Plaintiff(s),

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Northern District of California

United States District Court

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vs.

Case No.: 12-cv-952-YGR
ORDER CONTINUING HEARING ON ORDER TO
SHOW CAUSE REGARDING PLAINTIFF’S
FAILURE TO COMPLY WITH CIVIL LOCAL
RULES 3-4(C) AND 7-4(B)

BANK OF AMERICA, N.A., ET AL.,
Defendants.

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TO COUNSEL OF RECORD FOR PLAINTIFF TERRY KENNEDY:
The Court has received Plaintiff’s Response to Order to Show Cause re: Failure to Comply

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with Civil Court Rule 3-4(c)(2) and 7-4(b) (Dkt. No. 30). Plaintiff’s counsel submitted a five-page,
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approximately 1,000-word statement, of which only about 200 words were devoted to why counsel

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should not be sanctioned. The ultimate response – “Counsel inadvertently failed to remain in

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compliance with the local rules” – does little to explain the reason for the failure. Here, the page

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limits did not curtail diligent and zealous advocacy.

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Attached to this Order is a copy of a law journal article, Julie A. Oseid, The Power of Brevity:
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Adopt Abraham Lincoln's Habits, 6 Journal of Ass'n Legal Writing Directors 28 (2009). Counsel for

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Plaintiff is directed to read the article and to submit a statement to the Court of no more than one (1)

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page indicating compliance. This statement shall be filed with no later than May 25, 2012.

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The hearing on the Order to Show Cause currently set for Friday, May 11, 2012, is

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VACATED AND RESET to Friday, June 8, 2012, on the Court’s 9:01 a.m. calendar, in the Federal

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Courthouse, 1301 Clay Street, Oakland, California, in a courtroom to be designated. If Plaintiff’s

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counsel submits a timely and compliant statement, the Court will take the Order to Show Cause

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hearing off calendar and no sanctions will issue.

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IT IS SO ORDERED.
Dated: May 9, 2012

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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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