Prasad v. Wells Fargo Home Mortgage

Filing 23

ORDER TO SHOW CAUSE RE: SANCTIONS FOR FAILURE TO FILE TIMELY CASE MANAGEMENT STATEMENT; CONTINUING CASE MANAGEMENT CONFERENCE; VACATING DECEMBER 2, 2016 COMPLIANCE HEARING. Order to Show Cause Hearing set for 12/12/2016 02:01 PM. Show Cause Respo nse due by 12/2/2016. Initial Case Management Conference set for 12/5/2016 is CONTINUED to 12/12/2016 02:00 PM in Courtroom 1, 4th Floor, Oakland. The Compliance hearing set for 12/2/2016 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 11/29/16. (fs, COURT STAFF) (Filed on 11/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUNIL PRASAD,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-4941-YGR

v.
WELLS FARGO HOME MORTGAGE,
Defendant.

ORDER TO SHOW CAUSE RE: SANCTIONS
FOR FAILURE TO FILE TIMELY CASE
MANAGEMENT STATEMENT; CONTINUING
CASE MANAGEMENT CONFERENCE;
VACATING DECEMBER 2, 2016
COMPLIANCE HEARING

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As of the date of this order, the parties have not filed either a joint case management

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statement for the December 5, 2016 Case Management Conference or a joint statement as

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directed by this Court’s Order of November 10, 2016 (Dkt. No. 22) directing the parties to file a

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joint statement on the status of their ADR efforts after Plaintiff’s failure to participate in the

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scheduled ADR phone conference.

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The parties are ORDERED TO SHOW CAUSE why they should not be sanctioned in the

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amount of $300.00 each, for failure to file a Joint Case Management Statement. The Court notes

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that this is the second time Plaintiff has failed to comply with this Court’s orders and local rules.

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

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the Court’s 2:01 p.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California,

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in Courtroom 1.

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By no later than December 2, 2016, the parties must file both: (1) a joint case

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management statement, which includes a statement that they have reviewed the Local Rules with

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respect to their responsibilities; and (2) a written response to this Order to Show Cause why they

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should not be sanctioned for their failure to comply with the Local Rules and this Court’s orders.

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If the Court is satisfied with the parties’ response, the parties need not appear and the hearing on

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the Order to Show Cause will be taken off calendar. Otherwise, lead trial counsel must

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personally appear at the hearing. Neither a special appearance nor a telephonic appearance will

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be permitted. Failure to file a joint statement, written response, or to appear personally will be

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

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appropriate.

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The Case Management Conference set for December 5, 2016, is CONTINUED to December

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12, 2016, at 2:00 p.m. The compliance hearing regarding the status of ADR set for December 2,

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2016, is VACATED.

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IT IS SO ORDERED.

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Dated: November 29, 2016

United States District Court
Northern District of California

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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