Chavez v. CitiMortgage

Filing 30

ORDER STRIKING PLAINTIFF'S LATE-FILED CMC STATEMENT, AND ORDERING PLAINTIFF'S COUNSEL TO SHOW CAUSE WHY COURT SHOULD PERMIT AMENDED COMPLAINT. Dkt. Nos. 24 28 . Plaintiff's counsel must confer with defendant's counsel and re-file a joint CMC statement by 6/26/2017. Signed by Judge Nathanael Cousins on 6/22/2017. (lmh, COURT STAFF) (Filed on 6/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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GILBERT CHAVEZ,

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Plaintiff,

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v.
CITIMORTGAGE, INC.,
Defendant.

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ORDER STRIKING PLAINTIFF’S
LATE-FILED CMC STATEMENT,
AND ORDERING PLAINTIFF’S
COUNSEL TO SHOW CAUSE WHY
COURT SHOULD PERMIT
AMENDED COMPLAINT
Dkt. Nos. 24, 28

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Case No. 17-cv-01205 NC

The Court is concerned by a pattern of late and improper filings and failures to
comply with Court rules and orders by plaintiff’s counsel Nikhil Bhatnagar:

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1. Plaintiff’s CMC statement, Dkt. No. 28, was filed late, not jointly submitted,

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does not reflect communication with defendant’s counsel, and was formatted

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strangely.

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2. Non-compliance with ADR rules, Dkt. No. 25.

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3. Amended Complaint, Dkt. No. 24, filed late, and seeks to add a party (US Bank)

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without leave of Court. In the Order granting in part defendant’s motion to

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dismiss, the Court ordered that the amended complaint was due June 7 and that

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Chavez “may not add additional claims or parties absent leave of Court.” Dkt.

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No. 22 at 13. Plaintiff did not seek, and was not granted, leave of Court,

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4. Plaintiff’s opposition to motion to dismiss, Dkt. No. 13, filed late.
Case No. 17-cv-02105 NC

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The Court therefore ORDERS as follows:

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1. The Court strikes plaintiff’s CMC statement. Plaintiff’s counsel must confer

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with defendant’s counsel and re-file a joint CMC statement by June 26.
2. By June 26, plaintiff must either move to withdraw the First Amended

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Complaint, or explain in a filed motion why the Court should grant leave to file

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it. The motion must be accompanied by a document comparing the changes

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from the original complaint to the First Amended Complaint.

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United States District Court
Northern District of California

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3. Plaintiff’s counsel must provide a copy of this order to his client Mr. Chavez
and file a declaration by June 26 certifying that he has done so.
4. The Court will address these filings at the CMC on June 28 at 10:00 a.m. in
courtroom 7, San Jose. Plaintiff’s counsel must appear in person.

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IT IS SO ORDERED.

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Dated: June 22, 2017

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 17-cv-02105 NC

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