Holt et al v. Fernandez et al

Filing 18

ORDER DENYING REQUEST TO RESCHEDULE ORDER TO SHOW CAUSE HEARING. Signed by Judge Lucy H. Koh on November 27, 2012. (lhklc1, COURT STAFF) (Filed on 11/27/2012) (Additional attachment(s) added on 11/27/2012: # 1 Certificate/Proof of Service) (mpb, COURT STAFF).

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 CHERYL LEANN HOLT, et al., Plaintiffs, v. JOHN D. FERNANDEZ, et al., 14 Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-04506-LHK ORDER DENYING REQUEST TO RESCHEDULE ORDER TO SHOW CAUSE HEARING On November 19, 2012, Plaintiffs sent an email to Courtroom Deputy Martha Parker 17 Brown requesting that the Court reschedule the Order to Show Cause hearing set for November 28, 18 2012. See ECF No. 17. Plaintiffs’ request that the Court reschedule the hearing is DENIED. The 19 Order to Show Cause hearing will take place on November 28, 2012 at 2:00 p.m. as previously 20 scheduled. 21 The Court also notes that Plaintiffs’ email was sent only to Ms. Brown and not to 22 Defendants’ counsel and includes substantive arguments regarding the merits of the case. See id. 23 (arguing Plaintiff Cheryl Holt was denied an opportunity to clean out her desk and that Defendants 24 neglected to return all her possessions). Plaintiffs’ email constitutes a prohibited ex parte 25 communication with the Court. See Northern District of California Local Rule 11-4(d) (prohibiting 26 ex parte communications with the Court); Local Rule 1-5(d) (“Ex parte. ‘Without other party.’ Ex 27 parte means contact with the Court without the advance knowledge or contemporaneous 28 1 Case No.: 12-CV-04506-LHK ORDER DENYING REQUEST TO RESCHEDULE ORDER TO SHOW CAUSE HEARING 1 participation of all other parties.”). In the future, Plaintiff will refrain from engaging in ex parte 2 communications with the Court. 3 Plaintiffs are also advised to consult with the Federal Legal Assistance Self-Help Center 4 (“FLASH”) regarding pursuing their claims. Plaintiffs may schedule an appointment with FLASH 5 by telephone Monday through Wednesday at 408-297-1480, or Plaintiffs may visit FLASH in 6 person and sign-up for an appointment at United States Courthouse, 280 South 1st Street, 4th 7 Floor, Room 4093 & 4095, San Jose, CA 95113. 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 12 Dated: November 27, 2012 _________________________________ LUCY H. KOH United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-04506-LHK ORDER DENYING REQUEST TO RESCHEDULE ORDER TO SHOW CAUSE HEARING

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?