Johnson v. Express Auto Clinic, Inc. et al

Filing 74

ORDER TO SHOW CAUSE as to Attorney Michael Welch. Order to Show Cause Hearing set for 10/3/2019 at 01:30 PM. Show Cause Response due by 9/24/2019. Signed by Judge Kandis A. Westmore on 9/17/2019. (kawlc2S, COURT STAFF) (Filed on 9/17/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 18-cv-00464-KAW
ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 73
ABDULNASSER ALSUMAIRI,
Defendant.

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On January 29, 2019, Plaintiff filed a notice of settlement as to Defendant Abdulnasser

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Alsumairi. (Dkt. No. 52.). On February 4, 2019, the Court ordered Plaintiff to file a dismissal of

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Defendant Alsumairi within 60 days. (Dkt. No. 54.)

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Plaintiff did not file the dismissal of Defendant Alsumairi. On May 28, 2019, Plaintiff and

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Defendant Alsumairi filed a joint status report. (Dkt. No. 62.) The parties stated that Defendant

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Alsumairi’s counsel, Attorney Michael Welch, “has not been terribly responsive.” (Id. at 2.) On

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May 6, 2019, Attorney Welch informed Plaintiff that Defendant Alsumairi had mailed the

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payment to Attorney Welch’s office, and that Attorney Welch would forward the payment without

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delay. (Id.) As of May 28, 2019, however, Plaintiff had not received the settlement funds. (Id.)

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On July 17, 2019, the Court ordered Plaintiff to file a dismissal of the case or a status

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report within 60 days. (Dkt. No. 69.) The Court further stated: “If Attorney Welch has not

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forwarded the settlement payment by then, Attorney Welch shall explain why he has failed to do

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so, and explain why he should not be sanctioned and/or reported to the State Bar.” (Id. at 2.)

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On September 13, 2019, Plaintiff filed a unilateral status report, stating that he had still not

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received payment and the settlement had not been consummated. (Dkt. No. 73 at 2.) Plaintiff

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further stated that although Plaintiff’s counsel had called, e-mailed, and attempted to meet and

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confer with Attorney Welch, “each effort was ignored.” Plaintiff attached various e-mails to

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Attorney Welch that he had failed to respond to, including e-mails on August 15, August 21,

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September 12, and September 13. (Seabock Decl., Exh. 1.) The e-mail chain also included e-

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mails in which Attorney Welch repeatedly stated that the money would be sent, but then

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apparently failed to do so. (Id.) Plaintiff further attached a September 6, 2019 letter sent to

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Attorney Welch, raising the payment issue. Plaintiff stated that he would likely move to enforce

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the terms of the settlement agreement, or to request that the case be reopened and seek default

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against Defendant Alsumairi.

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Attorney Welch has not filed a response, despite the Court’s July 17, 2019 order.
Significantly, Attorney Welch’s actions appear to be putting his client at risk of additional

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United States District Court
Northern District of California

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attorney’s fees and costs should the settlement not be completed. Accordingly, the Court

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ORDERS Attorney Welch to show cause why he should not be sanctioned, by September 24,

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2019, by explaining: (1) why he has not provided the settlement payment, and (2) why he has not

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complied with the Court’s order. Failure to comply will result in the imposition of sanctions of

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$1,000, as well as referral to the Northern District of California’s Standing Committee on

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Professional Conduct and the California State Bar. The Court SETS a show cause hearing for

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October 3, 2019 at 1:30 p.m. Attorney Welch shall personally appear.

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IT IS SO ORDERED.
Dated: September 17, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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