Barnes v. Mortell et al

Filing 60

ORDER TO SHOW CAUSE to Defendants Rick Mortell, Darlene Mortell and Erika Mortell. Show Cause Response due by 1/23/2015. ORDER SETTING CASE MANAGEMENT CONFERENCE for 2/17/2015 01:30 PM. Joint Case Management Statement due by 2/10/2015. Signed by Judge Kandis A. Westmore on 12/18/2014. (kawlc1, COURT STAFF) (Filed on 12/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRISTINE BARNES,

Case No. 14-cv-02373-KAW

Plaintiff,
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v.
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RICK MORTELL, et al.,
Defendants.

ORDER TO SHOW CAUSE TO
DEFENDANTS RICK MORTELL,
DARLENE MORTELL, AND ERIKA
MORTELL; ORDER SETTING CASE
MANAGEMENT CONFERENCE

United States District Court
Northern District of California

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On August 19, 2014, the Court held the initial case management conference, where

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Defendant Rick Mortell (a/k/a Eric Mortell) appeared, and set a case management conference for

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December 16, 2014. (Minute Entry, Dkt. No. 30.) At that the initial CMC, Rick Mortell was again

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informed by the Court that, as a pro se litigant that is not licensed to practice law in this district, he

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could not appear on behalf of his co-defendants Darlene Mortell and Erika Mortell.

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Defendants did not file a case management conference statement on or before December 9,

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2014 as ordered, and none of the defendants appeared at the December 16, 2014 case management

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conference.

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The Court has repeatedly advised that Defendants obtain counsel in this matter due to the

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naming of corporate entities, one of which is currently in default. Defendants have not, to the

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Court’s knowledge, obtained counsel. Thus, all Defendants were required to appear at the case

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management conference.

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Accordingly, Defendants Rick Mortell, Darlene Mortell, and Erika Mortell are separately

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ORDERED TO SHOW CAUSE, in writing, no later than January 23, 2015, why they should not

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each pay monetary sanctions in the amount of $500 for their failure to appear at the case

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management conference.

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Additionally, the Court orders Defendants Rick Mortell, Darlene Mortell, and Erika

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Mortell to personally appear at the next case management conference to be held on February 17,

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2015 at 1:30 p.m. at the U.S. District Court, 1301 Clay Street, Oakland, California. A joint case

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management conference statement is due on or before February 10, 2015. Any failure to appear

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may result in the Court entering default against Defendants Rick Mortell, Darlene Mortell, and

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Erika Mortell for failure to defend pursuant to Federal Rule of Civil Procedure 55.

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IT IS SO ORDERED.
Dated: December 18, 2014
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

United States District Court
Northern District of California

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