May v. Brunton

Filing 51

ORDER Vacating Pretrial Conference, Requiring Defendants to Show Cause Why Sanctions Should not be Issued, and Granting 50 Plaintff's Ex Parte Application. The Court Orders Defendants to Show Cause as to why sanctions should not be issued by filing a brief on or before 5/21/14. The court Vacates the 5/19/14 Pretrial Conference. The Final Pretrial Conference shall be held on 6/30/2014 at 10:30 AM before Judge Thomas J. Whelan. Defendant's informal letter brief is due on or before 6/18/14. Plaintiff may submit an amended brief by 6/18/14. Attorney Brancart is excused from attending the Final Pretrial Conference on 6/30/14. Signed by Judge Thomas J. Whelan on 5/16/14. (cap)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

AMY MAY,

12
13

CASE NO: 12-CV-2860 W (MDD)
Plaintiff,

v.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

BRUCE K. BRUNTON, et al.,
Defendants.

ORDER:
(1) VACATING PRETRIAL
CONFERENCE;
(2) REQUIRING DEFENDANTS TO
SHOW CAUSE WHY SANCTIONS
SHOULD NOT ISSUE; AND
(3) GRANTING PLAINTIFF’S EX
PARTE APPLICATION [DOC. 50]

On April 11, 2013, Magistrate Judge Mitchell D. Dembin issued a casemanagement order that scheduled the pretrial conference for Monday, March 24, 2014.
(CM Order [Doc. 29] ¶ 12.) The order also required the parties to submit informal
letter briefs no later than March 17, 2014. (Id. ¶ 11.) Because the parties failed to
comply with the order, on March 20, 2014 this Court continued the pretrial conference
to Monday, May 19, 2014. (Order [Doc. 49] 2:17–18.) This Court also ordered that
the parties “shall separately submit informal letter briefs . . . no later than May 14,
2014” and specifically “warned” the parties that “any further failures to follow . . . this
Court’s Chambers Rules . . . will result in sanctions.” (Id. 2:14–22.)
To date, Defendants have not submitted their letter brief. This constitutes the
second time Defendants have ignored a court order in this case and this Court’s
-1-

12cv2025w

1 Chambers Rules. Accordingly, the Court ORDERS Defendants TO SHOW CAUSE
2 why sanctions should not be issued, as follows:
3

•

On or before May 21, 2014, Defendants shall file a brief, not exceeding

4

5 pages, explaining their failure to comply with two court orders in this

5

case and why they should not be sanctioned $1,000.

6

In light of Defendants failure to file their letter brief, the Court VACATES the

7 May 19, 2014 pretrial conference, and FURTHER ORDERS:
8

•

9
10

The final pretrial conference shall be held on June 30, 2014 at 10:30
a.m.

•

In light of Defendants repeated failure to file the letter brief, Defendants’

11

informal letter brief is due on or before June 18, 2014. The letter brief

12

shall be submitted directly to Chambers, shall not exceed two single-

13

spaced pages, and must comply with any other requirements set forth in

14

this Court’s Chambers Rules. Altough Plaintiff has already submitted a

15

letter brief, Plaintiff may submit an amended brief by June 30, 2014.

16

Finally, pending before the Court is Plaintiff’s ex parte application to excuse

17 Attorney Christopher Brancart from attending the pretrial conference. Having
18 reviewed the application and good cause appearing, the Court GRANTS the
19 application [Doc. 50], and excuses Attorney Brancart from attending the June 16, 2014
20 pretrial conference.
21
22
23
24

IT IS SO ORDERED.
DATE: May 16, 2014
Hon. Thomas J. Whelan
United States District Judge

25
26
27
28
-2-

12cv2025w