Clifton v. City and County of San Francisco

Filing 45

SECOND ORDER TO SHOW CAUSE to Plaintiff for failure to appear at the 11/3/2015 Case Management Conference. Show Cause Response due by 11/9/2015. Order to Show Cause Hearing set for 11/12/2015 11:00 AM in Courtroom 4, 1301 Clay St., Oakland, California, at which Plaintiff's counsel and Plaintiff are both ordered to appear. Signed by Judge Kandis A. Westmore on 11/3/2015. (kawlc1, COURT STAFF) (Filed on 11/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID CLIFTON,

Case No. 14-cv-03539-KAW

Plaintiff,
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v.
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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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United States District Court
Northern District of California

SECOND ORDER TO SHOW CASE FOR
FAILURE TO APPEAR AT THE CASE
MANAGEMENT CONFERENCE; ORDER
TO SHOW CAUSE HEARING SET FOR
NOVEMBER 12, 2015

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On November 3, 2015, the Court held a case management conference, where Plaintiff did

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not appear. This is the third time that Plaintiff’s counsel, Stanley Goff, has failed to appear at a

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scheduled case management conference in this case, as he also failed to appear on November 4,

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2014 and July 28, 2015. (See Minute Entries, Dkt. Nos. 12 & 31.) The Court issued and

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subsequently discharged an order to show cause concerning the July 28, 2015 failure to appear.

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(See Dkt. Nos. 30 & 37.)

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On October 15, 2015, the parties stipulated to continue the case management conference

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scheduled for October 20, 2015 to the earliest available date thereafter, because Plaintiff’s counsel

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had a scheduling conflict. (Dkt. No. 44.) The Court approved the stipulation and continued the

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hearing to November 3, 2015. Id. Notwithstanding this accommodation, Mr. Goff failed to appear

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despite the numerous trial deadlines that are fast approaching.

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Accordingly, counsel for Plaintiff is ORDERED TO SHOW CAUSE, in writing, by no

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later than Monday, November 9, 2015, why this case should not be dismissed for failure to

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prosecute, or, in the alternative, why he should not personally pay monetary sanctions in the

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amount of $1000.00 for his failure to appear at the case management conference.

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Additionally, the Court sets a hearing on the second order to show cause for Thursday,

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November 12, 2015 at 11:00 AM in Courtroom 4, U.S. District Court, 1301 Clay Street, 3rd

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Floor, Oakland, California, at which both Mr. Goff and his client, David Clifton, are ordered to

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appear.

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IT IS SO ORDERED.
Dated: November 3, 2015
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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