McDaniel v. Diversified Collection Services, Inc.

Filing 19

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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 KANDI McDANIEL Plaintiff, 8 9 10 11 Case No.: 12-CV-01986 YGR ORDER TO SHOW CAUSE vs. DIVERSIFIED COLLECTION SERVICES, INC., Defendant. Northern District of California United States District Court 12 13 TO ALL PARTIES AND COUNSEL OF RECORD: 14 15 16 17 18 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 19 settlement were filed in this action and other related actions with Defendant, the Case Management 20 Conference had not been taken off calendar, nor did Plaintiff’s counsel request to appear 21 telephonically. No dismissal has been entered in this action. Moreover, being located in Southern 22 California is not a reason excusing a personal appearance otherwise required by this Court. 23 24 At the Case Management Conference, Defendant’s counsel informed the Court that Plaintiff has not yet returned an executed settlement agreement. 25 A hearing on this Order to Show Cause shall be held on Friday, February 1, 2013, on the 26 Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in 27 Courtroom 5. Plaintiff’s counsel must file a written response to this Order to Show Cause no later 28 than January 25, 2013 explaining (i) counsel’s failure to appear, and (ii) why Plaintiff has not yet 1 signed the settlement agreement. If the settlement agreement has been signed and a dismissal is filed 2 by January 25, 2013, the Court will take the Order to Show Cause hearing off calendar. If Plaintiff’s 3 counsel files a timely written response, but not a dismissal, and the Court is satisfied with Plaintiff’s 4 counsel’s response, it will consider taking the Order to Show Cause hearing off calendar. Unless 5 otherwise ordered, Plaintiff’s counsel shall be required to appear personally at the hearing. 6 IT IS SO ORDERED. 7 8 9 10 Dated: January 7, 2013 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 11 Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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