Federal Deposit Insurance Corporation v. BayOne Real Estate Investment Corporation et al

Filing 27

ORDER TO SHOW CAUSE 23 RE: STRIKING THIRD-PARTY DEFENDANT SARAH HUANG'S MOTION TO DISMISS. Show Cause Response due by 11/16/2015. Signed by Judge Beth Labson Freeman on 10/15/2015. (blflc3S, COURT STAFF) (Filed on 10/15/2015)

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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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FEDERAL DEPOSIT INSURANCE
CORPORATION,

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Plaintiff,

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v.
BAYONE REAL ESTATE INVESTMENT
CORPORATION, et al.,

Case No. 15-cv-02248-BLF
ORDER TO SHOW CAUSE RE:
STRIKING THIRD-PARTY
DEFENDANT SARAH HUANG’S
MOTION TO DISMISS
[Re: ECF 23]

United States District Court
Northern District of California

Defendants.
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To Third-Party Defendant Sarah Huang’s attorney of record, Kent Pearce Tierney, you are
hereby ORDERED to SHOW CAUSE, if any, why Third-Party Defendant Sarah Huang’s motion

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to dismiss should not be stricken for practicing law without being a member of the bar of this
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Court. On March 9, 2010, Mr. Tierney was removed from the roll of attorneys authorized to
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practice before this Court. See In The Matter Of: Kent Pearce Tierney, 10-MC-80008-VRW, at 2
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(Mar. 9, 2010). The removal order indicated that Mr. Tierney must petition for reinstatement
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before being authorized to practice before this Court. Id. The Northern District of California’s

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Civil Local Rules also detail the procedure for seeking reinstatement. See Civil L.R. 11-7(b)(3)
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(“[An inactive attorney] may seek reinstatement by filing a petition for admission with the Clerk
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as provided in Civil L.R. 11-1(c) and paying the admission fee in accordance with 11-1(d).”). In
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August 2015, after appearing in another action in this district, Mr. Tierney was also notified of his
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inactive status and this district’s requirement that Mr. Tierney petition for readmission. Lemoine
v. State Farm Gen. Ins. Co., 15-cv-02941-WHO. According to the Court’s records, Mr. Tierney

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has not filed a petition for readmission.
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Despite not being admitted to practice before this Court, Mr. Tierney has taken an active
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role in this case: Mr. Tierney is listed as Ms. Huang’s attorney of record, Mr. Tierney’s name

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appears on the caption page to Ms. Huang’s motion to dismiss, and Ms. Huang’s motion to

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dismiss was e-filed using Mr. Tierney’s attorney e-file account.

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Accordingly, Kent Pearce Tierney is hereby ORDERED TO SHOW CAUSE why Third-

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Party Defendant Sarah Huang’s motion to dismiss should not be stricken for practicing law

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without being a member of the bar of this Court. Mr. Tierney shall submit a written response on

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or before Nov. 16, 2015. A failure to respond may result in this matter being referred to the

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Standing Committee on Professional Conduct.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: October 15, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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