Prasad v. Wells Fargo Home Mortgage

Filing 33

FURTHER ORDER TO SHOW CAUSE RE: SANCTIONS ON PLAINTIFF'S COUNSEL; ORDER TO MEET AND CONFER AND SETTING COMPLIANCE HEARING AND STATUS REPORT DEADLINE. Show Cause Response due by 12/22/2016. Compliance hearing set Friday, 1/27/17at 9:01AM. Joint Statement filed 1/20/17. Signed by Judge Yvonne Gonzalez Rogers on 12/16/16. (fs, COURT STAFF) (Filed on 12/16/2016)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

SUNIL PRASAD,
Plaintiff,

10

United States District Court
Northern District of California

11
12
13
14

v.
WELLS FARGO HOME MORTGAGE,

Case No.16-cv-04941-YGR
FURTHER ORDER TO SHOW CAUSE RE:
SANCTIONS ON PLAINTIFF’S COUNSEL;
ORDER TO MEET AND CONFER AND
SETTING COMPLIANCE HEARING AND
STATUS REPORT DEADLINE

Defendant.
The Court issues this FURTHER ORDER TO SHOW CAUSE why plaintiff’s counsel Erickson

15

M. Davis should not be required to pay monetary sanctions in the amount of $574.32 to defendant’s

16

counsel Viddell Lee Heard.

17

On November 29, 2016, the Court issued an Order to Show Cause (Dkt. No. 23) why the

18

parties should not be sanctioned for their failure to file timely either their joint case management

19

statement, or the joint statement regarding the status of ADR efforts as ordered by the Court on

20

November 10, 2016. In that Order to Show Cause, the Court noted that Plaintiff had failed to

21

comply with a Court order previously and been subject to an order to show cause regarding

22

sanctions, which the Court subsequently vacated based upon plaintiff’s counsel’s explanation and

23

apology. The Order to Show Cause directed the parties to file a joint case management statement

24

and a written response to the Order to Show Cause no later than December 2, 2016. The Court noted

25

that it would only take the Monday, December 12, 2016 hearing off calendar if it was satisfied with

26

the responses, and that otherwise lead trial counsel would be required to appear at the hearing.

27

Finally, the Order to Show Cause stated that failure to comply would be deemed an admission that

28

1
2

monetary sanctions should be imposed.
Plaintiff’s counsel did not file a response to the Order to Show cause by December 2, 2016.

3

Counsel failed to do so despite a reminder from defendant’s counsel on December 1 that such a

4

response was required by December 2. (See Declaration of Videll Lee Heard, Dkt. No. 24, at ¶5.)

5

Plaintiff filed no response to the Order to Show Cause until December 8, 2016. (Dkt. No. 29.)

6

Further, Plaintiff’s counsel failed to appear at the case management conference and hearing on the

7

Order to Show Cause on December 13, 2016.

8

The Court intends to sanction plaintiff’s counsel in the amount of $574.32 to compensate to
Videll Lee Heard, counsel for defendant Wells Fargo Bank, N.A., for his expenses to appear on

10

December 12, 2016. Plaintiff’s counsel shall file a written statement responding to this Further

11
United States District Court
Northern District of California

9

Order to Show Cause no later than December 22, 2016.

12

OTHER ORDERS

13
14
15

Plaintiff’s counsel is further ORDERED to meet and confer with defendant’s counsel in person
at defense counsel’s office no later than January 13, 2017.
The Court SETS this matter for a compliance hearing on Friday, January 27, 2017, at 9:01

16

a.m. The parties’ shall file a joint status report on their meet and confer efforts no later than

17

January 20, 2017. If the statement is filed timely, the compliance hearing will be taken off

18

calendar.

19

IT IS SO ORDERED.

20

Dated: December 16, 2016

21
22

______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

23
24
25
26
27
28
2