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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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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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

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The Court held a Trial Format Status hearing in the above captioned matter at 9 a.m.

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on July 21, 2016. In light of the discussion at that hearing, including the noted June 20,

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2016 disbarment of attorney David Schiller, who has represented more than 100 defendants

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and counter-claimants in this matter (often referred to as the “Schiller Defendants”),

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another hearing on trial format is necessary. The Court therefore SETS an additional Trial

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Format Status Hearing for 2:30 p.m. on August 11, 2016. The Court notes that Mr.

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Schiller’s co-counsel, Pamela Lacey, who also represents the Schiller Defendants, did not

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appear at the July 21, 2016 hearing. The Court DIRECTS Ms. Lacey to appear in person

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at the August 11, 2016 hearing.
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12cv665 JLS (JLB) Lead Case

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The parties SHALL confer and submit on or before August 4, 2016, a joint motion

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and proposed amended scheduling order modifying the Court’s February 17, 2016 Order

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Granting in Part Joint Motion to Set New Pretrial Deadlines, ECF No. 486.

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Further, on its own motion, the Court ORDERS Mr. Schiller to show cause why this

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Court should not take judicial notice of his June 20, 2016 disbarment as indicated on the

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website for State Bar of Texas. See attorney search function at www.texasbar.com; see

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also Singh v. Gonzales, 231 F. App’x 648, 650 n.1 (9th Cir. 2007) (taking judicial notice

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of an attorney’s disbarment pursuant to Fed. R. Evid. 201); Forsythe v. Brown, 281 F.R.D.

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577, 582 (D. Nev. 2012) (same); Fed. R. Evid 201(e) (“[A] party is entitled to be heard on

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the propriety of taking judicial notice and the nature of the fact to be noticed.”). Mr.

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Schiller SHALL file a response to this Order on or before July 28, 2016. The Court

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anticipates that a written response to this Order will provide Mr. Schiller an adequate

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opportunity to be heard, and will set a hearing in this matter if it later deems one necessary.

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Failure to submit a timely response to this Order will result in revocation of Mr. Schiller’s

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pro hac vice status and termination from this case.

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IT IS SO ORDERED.
Dated: July 21, 2016

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12cv665 JLS (JLB) Lead Case