Prasad v. Wells Fargo Home Mortgage
Filing
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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)
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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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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
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M. Davis should not be required to pay monetary sanctions in the amount of $574.32 to defendant’s
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counsel Viddell Lee Heard.
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On November 29, 2016, the Court issued an Order to Show Cause (Dkt. No. 23) why the
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parties should not be sanctioned for their failure to file timely either their joint case management
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statement, or the joint statement regarding the status of ADR efforts as ordered by the Court on
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November 10, 2016. In that Order to Show Cause, the Court noted that Plaintiff had failed to
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comply with a Court order previously and been subject to an order to show cause regarding
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sanctions, which the Court subsequently vacated based upon plaintiff’s counsel’s explanation and
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apology. The Order to Show Cause directed the parties to file a joint case management statement
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and a written response to the Order to Show Cause no later than December 2, 2016. The Court noted
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that it would only take the Monday, December 12, 2016 hearing off calendar if it was satisfied with
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the responses, and that otherwise lead trial counsel would be required to appear at the hearing.
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Finally, the Order to Show Cause stated that failure to comply would be deemed an admission that
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monetary sanctions should be imposed.
Plaintiff’s counsel did not file a response to the Order to Show cause by December 2, 2016.
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Counsel failed to do so despite a reminder from defendant’s counsel on December 1 that such a
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response was required by December 2. (See Declaration of Videll Lee Heard, Dkt. No. 24, at ¶5.)
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Plaintiff filed no response to the Order to Show Cause until December 8, 2016. (Dkt. No. 29.)
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Further, Plaintiff’s counsel failed to appear at the case management conference and hearing on the
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Order to Show Cause on December 13, 2016.
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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
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December 12, 2016. Plaintiff’s counsel shall file a written statement responding to this Further
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United States District Court
Northern District of California
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Order to Show Cause no later than December 22, 2016.
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OTHER ORDERS
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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
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a.m. The parties’ shall file a joint status report on their meet and confer efforts no later than
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January 20, 2017. If the statement is filed timely, the compliance hearing will be taken off
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calendar.
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IT IS SO ORDERED.
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Dated: December 16, 2016
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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