Barnes v. Mortell et al

Filing 122

ORDER discharging 90 Order to Show Cause; ORDER vacating January 19, 2017 hearing on order to show cause. Signed by Judge Kandis A. Westmore on 1/11/2017. (kawlc1, COURT STAFF) (Filed on 1/11/2017) (Additional attachment(s) added on 1/11/2017: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTINE BARNES,

Case No. 4:14-cv-02373-KAW

Plaintiff,
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ORDER DISCHARGING 8/12/15
ORDER TO SHOW CAUSE

v.
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RICK MORTELL, et al.,

Re: Dkt. No. 90

Defendants.

United States District Court
Northern District of California

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On June 18, 2015, Defendant Rick Mortell (a/k/a Eric Mortell) failed to appear at the

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properly noticed deposition in Houston, Texas. On August 12, 2015, the Court issued an order to

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show cause to Mr. Mortell to explain why he should not pay monetary sanctions to reimburse

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Plaintiff’s counsel for the expenses incurred as a result of his failure to appear at the June 18, 2015

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deposition. (Dkt. No. 90 at 2.)
On August 20, 2015, Plaintiff’s counsel filed a declaration setting forth the attorneys’ fees

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and costs incurred. On August 25, 2015, Mr. Mortell responded to the order to show cause. On

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September 28, 2015, Plaintiff filed a notice of settlement. Since that time, the parties have

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attempted to perform the conditions of settlement, which required the sale of the real property,

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which has not occurred due to the collapse of the housing market in Houston, Texas. (Pl.’s 9/27/16

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Status Report, Dkt. 110.) The sale is further complicated by Defendants’ default on their first lien

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mortgage, which resulted in Wells Fargo’s successful motion to intervene. (See id.; Dkt. No. 121.)

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The intervention currently impedes the sale of the property, and, therefore, the resolution of this

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action.

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In light of Mr. Mortell’s improved conduct in this litigation since his failure to appear at

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the deposition, the August 12, 2015 order to show cause is DISCHARGED, and the January 19,

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2017 hearing is VACATED.
IT IS SO ORDERED.
Dated: January 11, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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