McCree v. State of California Department of Conservation et al

Filing 15

ORDER TO SHOW CAUSE; CONTINUING CASE MANAGEMENT CONFERENCE. Order to Show Cause Hearing set for 1/25/2013 09:01 AM. Show Cause Response due by 1/22/2013. Case Management Conference set for 1/14/2013 is CONTINUED to 1/28/2013 02:00 PM. Signed by Judge Yvonne Gonzalez Rogers on 1/10/13. (fs, COURT STAFF) (Filed on 1/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT MCCREE,

Case No.: 12-CV-04127 YGR

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Plaintiff,
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ORDER TO SHOW CAUSE; CONTINUING CASE
MANAGEMENT CONFERENCE

vs.
Northern District of California

United States District Court

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STATE OF CALIFORNIA DEPARTMENT OF
CONSERVATION et al.,

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Defendants.

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On January 7, 2013, the Defendants filed a unilateral case management statement for the

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January 14, 2013 Case Management Conference because they were unable to obtain the cooperation

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of Plaintiff in the preparation of a joint statement. According to the Declaration of Counsel, Pursuant

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to this Court’s Standing Order in Civil Case, “Joint case management statements are required and

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must be filed seven days in advance of the initial case management conference date.” Standing Order

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in Civil Cases, ¶ 6; see also Civil L.R. 16-9(a) (“Unless otherwise ordered, no later than the date

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specified in Fed. R. Civ. P. 26(f), counsel must file a Joint Case Management Statement”) (emphasis

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supplied).

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Plaintiff is ORDERED TO SHOW CAUSE why he should not be sanctioned for failure to
cooperate in the preparation of a Joint Case Management Statement.

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A hearing on this Order to Show Cause will be held on Friday, January 25, 2013 on the

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

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Courtroom 5.

By no later than Tuesday, January 22, 2013, Plaintiff shall file either: (1) a statement that

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he has cooperated in the preparation of a joint case management statement and that counsel for

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Plaintiff has reviewed the Local Rules with respect to counsel’s responsibilities; or (2) a written

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response to this Order to Show Cause why he should not be sanctioned for his failure to cooperate in

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the preparation of a joint case management statement. If the Court is satisfied with Plaintiff’s

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response, Plaintiff need not appear and the hearing will be taken off calendar. Otherwise, lead trial

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counsel for Plaintiff must personally appear at the hearing. Neither a special appearance nor a

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telephonic appearance will be permitted. Failure to file a written response or to appear personally

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will be deemed an admission that no good cause exists and that the imposition of monetary sanctions

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is appropriate.
The Case Management Conference set for January 14, 2013 is CONTINUED to Monday,

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Northern District of California

United States District Court

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January 28, 2013. A Joint Case Management must be filed by no later than Tuesday, January 22,

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2013.

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IT IS SO ORDERED.
Date: January 10, 2013

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____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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