Holbrook v. Duong et al

Filing 42

ORDER DISSOLVING ORDER TO SHOW CAUSE. Signed by Judge Paul S. Grewal on December 15, 2011. (psglc1S, COURT STAFF) (Filed on 12/15/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MICHAEL HOLBROOK,

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Plaintiff,
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v.
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THANH T. DUONG DBA HECKER PASS )
GAS & MART DBA SHELL MINI)
MART, ET AL.,
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Defendants.
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___________________________________ )

Case No.: C 10-5414 PSG
ORDER DISSOLVING ORDER TO
SHOW CAUSE

Pursuant to General Order 56, Plaintiff Michael Holbrook (“Holbrook”) filed a notice of

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need for mediation.1 The ADR Department in this court then advised the undersigned that

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Defendant Thanh T. Duong (“Duong”) and his attorney refused to participate in mediation as

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prescribed in General Order 56. No relief from the requirements of General Order 56 had been

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granted by this court, nor had any relief pursuant to Civ.L.R. 7-11 been sought. As a result, Duong

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and his attorney were ordered to show cause why they should not be sanctioned for failing to comply

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with General Order 56. Both Duong and his attorney, Susan Dondershine, appeared on December

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13, 2011.

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At the hearing, Ms. Dondershine explained that because she was unavailable on the date of

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See Docket No. 36.

Case No.: C 10-5414 PSG
ORDER DISSOLVING ORDER TO SHOW CAUSE

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the mediation and because Duong has no resources to offer in settlement, they did not participate in

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mediation. Ms. Dondershine apologized for not cooperating more fully with the ADR Department

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and stated that she understood her obligations under General Order 56.

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While the court remains troubled by this abject failure to comply with the rules of this court,

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even after being reminded by court staff of these rules, the court is persuaded that sanctions are not

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appropriate at this time. Accordingly,

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IT IS HEREBY ORDERED that the Order to Show Cause dated December 5, 2011 is

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dissolved.

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Dated: 12/15/2011

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PAUL S. GREWAL
United States Magistrate Judge

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Case No.: C 10-5414 PSG
ORDER DISSOLVING ORDER TO SHOW CAUSE

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