Farrara v. Comcast Cable Communications Management, LLC

Filing 37

ORDER TO SHOW CAUSE RE: TERMINATING SANCTIONS FOR FAILURE TO COMPLY WITH THE COURT'S PRIOR ORDERS. Order to Show Cause Hearing set for Monday, 9/12/2016 11:00 AM. Show Cause Response due by 9/9/2016. Signed by Judge Yvonne Gonzalez Rogers on 8/29/16. (fs, COURT STAFF) (Filed on 8/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEIDI FARRARA,

Case No. 15-cv-04867-YGR

Plaintiff,
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v.
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COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC,
Defendant.

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United States District Court
Northern District of California

ORDER TO SHOW CAUSE RE: TERMINATING
SANCTIONS FOR FAILURE TO COMPLY WITH
THIS COURT’S PRIOR ORDERS

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TO PLAINTIFF AND COUNSEL OF RECORD:
Plaintiff Heidi Farrara is HEREBY ORDERED TO SHOW CAUSE explaining why the Court

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should not terminate this lawsuit for failure to comply with the Court’s order on August 22, 2016

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requiring the production of documents and the subsequent completion of your deposition. (Dkt.

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No. 32.) On August 22, 2016, the Court ordered plaintiff to produce, prior to August 25, 2016, all

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documents (a) responsive to defendant’s Request for Production of Documents Numbers 20, 22,

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24, and 34, and (b) those that should have been produced with the Initial Disclosures, namely

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documents concerning plaintiff’s job search efforts; communications with potential employers;

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offer(s) of employment; job descriptions; her current resume; income and benefits of subsequent

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employment; and documents pertaining to claims, lawsuits, administrative charges, and

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complaints by the plaintiff that rely upon any of the same factual allegations or claims as those at

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issue in the instant matter.1 Plaintiff has failed to produce all such documents, and accordingly,

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plaintiff’s deposition could not be completed having been cancelled once.

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The Court also ordered plaintiff to serve verified amended responses to certain
interrogatories, but understands from the parties that this is no longer at issue.

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A hearing on this Order to Show Cause will be held on Monday, September 12, 2016 at

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11:00 a.m. in the Federal Courthouse, 1301 Clay Street, Oakland, California, in Courtroom 1.

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Plaintiff is ORDERED to appear personally. Neither a special appearance nor a telephonic

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

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deemed an admission that no good cause exists for plaintiff’s failure to comply and that the

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imposition of monetary sanctions and dismissal of the above-captioned action are appropriate.

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By the end of the business day September 9, 2016, plaintiff must file either (i) a statement

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notifying the Court of her compliance with this Order, or (ii) a written response to this Order

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explaining her failure to comply. In the event that plaintiff complies and produces the documents

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United States District Court
Northern District of California

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prior to the scheduled deposition on September 9, 2016, the parties may send the Court a joint
notification requesting that the hearing on the Order to Show Cause be vacated.2 Partial
compliance may also result in terminating, evidentiary, or monetary sanctions.
IT IS SO ORDERED.

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Dated: August 29, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Plaintiff is further ORDERED to produce the documents in an organized manner, in
compliance with Federal Rule of Civil Procedure 34. Failure to comply with Rule 34 may result
in sanctions.
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