BP West Coast Products LLC v. Crossroad Petroleum, Inc. et al

Filing 542

ORDER (1) Setting Additional Trial Format Status Hearing; (2) Directing Attorney Lacey to Appear at Trial Format Status Hearing; (3) Directing Parties to File a Proposed Amended Scheduling Order; and (4) Directing Attorney Schiller to Show Cause. (Order to Show Cause Response due by 7/28/2016., Trial Format Status Hearing set for 8/11/2016 02:30 PM before Judge Janis L. Sammartino.) Signed by Judge Janis L. Sammartino on 7/21/2016.(kcm)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 BP WEST COAST PRODUCTS, LLC, Case No.: 12cv665 JLS (JLB) Lead Case Plaintiff and Counter-Defendant, v. ORDER (1) SETTING ADDITIONAL TRIAL FORMAT STATUS HEARING; (2) DIRECTING ATTORNEY LACEY TO APPEAR AT TRIAL FORMAT STATUS HEARING; (3) DIRECTING PARTIES TO FILE A PROPOSED AMENDED SCHEDULING ORDER; AND (4) DIRECTING ATTORNEY SCHILLER TO SHOW CAUSE CROSSROAD PETROLEUM, INC., ET AL., Defendants and Counter-Claimants. AND RELATED CONSOLIDATED ACTIONS 18 19 20 The Court held a Trial Format Status hearing in the above captioned matter at 9 a.m. 21 on July 21, 2016. In light of the discussion at that hearing, including the noted June 20, 22 2016 disbarment of attorney David Schiller, who has represented more than 100 defendants 23 and counter-claimants in this matter (often referred to as the “Schiller Defendants”), 24 another hearing on trial format is necessary. The Court therefore SETS an additional Trial 25 Format Status Hearing for 2:30 p.m. on August 11, 2016. The Court notes that Mr. 26 Schiller’s co-counsel, Pamela Lacey, who also represents the Schiller Defendants, did not 27 appear at the July 21, 2016 hearing. The Court DIRECTS Ms. Lacey to appear in person 28 at the August 11, 2016 hearing. 1 12cv665 JLS (JLB) Lead Case 1 The parties SHALL confer and submit on or before August 4, 2016, a joint motion 2 and proposed amended scheduling order modifying the Court’s February 17, 2016 Order 3 Granting in Part Joint Motion to Set New Pretrial Deadlines, ECF No. 486. 4 Further, on its own motion, the Court ORDERS Mr. Schiller to show cause why this 5 Court should not take judicial notice of his June 20, 2016 disbarment as indicated on the 6 website for State Bar of Texas. See attorney search function at www.texasbar.com; see 7 also Singh v. Gonzales, 231 F. App’x 648, 650 n.1 (9th Cir. 2007) (taking judicial notice 8 of an attorney’s disbarment pursuant to Fed. R. Evid. 201); Forsythe v. Brown, 281 F.R.D. 9 577, 582 (D. Nev. 2012) (same); Fed. R. Evid 201(e) (“[A] party is entitled to be heard on 10 the propriety of taking judicial notice and the nature of the fact to be noticed.”). Mr. 11 Schiller SHALL file a response to this Order on or before July 28, 2016. The Court 12 anticipates that a written response to this Order will provide Mr. Schiller an adequate 13 opportunity to be heard, and will set a hearing in this matter if it later deems one necessary. 14 Failure to submit a timely response to this Order will result in revocation of Mr. Schiller’s 15 pro hac vice status and termination from this case. 16 17 IT IS SO ORDERED. Dated: July 21, 2016 18 19 20 21 22 23 24 25 26 27 28 2 12cv665 JLS (JLB) Lead Case

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