Cabrera v. Bay Area Credit Services

Filing 35

ORDER TO SHOW CAUSE re Sanctions. The Court orders both parties to appear for an Order to Show Cause Hearing set for 7/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Certification deadline due by 7/7/2009. Please see Order for further specifics. Signed by Judge James Ware on 7/1/2009. (ecg, COURT STAFF) (Filed on 7/1/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joel Cabrera, Plaintiff, v. Bay Area Credit Services, Defendant. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. C 08-03761 JW ORDER TO SHOW CAUSE RE: SANCTIONS

On June 10, 2009, the Court issued an Order granting Plaintiff's Motion for Attorney Fees. (See Docket Item No. 34.) In its Order, the Court instructed that the parties "shall file a Stipulated Dismissal" on or before June 25, 2009, and that failure to do so may result in appropriate sanctions for both parties. (Id. at 3.) To date, the parties have failed to file their Stipulated Dismissal or otherwise communicate with the Court on the status of their case Accordingly, the Court orders both parties to appear in Courtroom No. 8, 4th Floor, United States District Court, 280 South First Street, San Jose, Ca. on July 13, 2009 at 9 a.m. to show cause, if any, by actual appearance in Court, and by certification filed with the Court on or before July 7, 2009, why they should not be sanctioned for failing to comply with the Court's Order. The certificate shall set forth in factual summary the reason no filings have been made with the Court and what steps the parties are taking to bring this case to a close.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Failure to comply with any part of this Order will be deemed sufficient grounds for further monetary sanctions as to both parties.

Dated: July 1, 2009

JAMES WARE United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew M. Steinheimer [e-mail] Darrell Warren Spence [e-mail] Nicholas Joseph Bontrager [e-mail]

Dated: July 1, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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