Solo et al v. American Association of University Women et al

Filing 115

ORDER: The August 13, 2018 pleading (ECF No. 111 ) contains no prayer for relief, nor does the pleading appear to request specific relief. Consequently, no relief will be granted. Signed by Magistrate Judge Clinton Averitte on 08/20/2018.(ajs)

1
2

UNITED STATES DISTRICT COURT

3
4

SOUTHERN DISTRICT OF CALIFORNIA
Devyn SOLO,

Case No.: 15-cv-1356-WQH-AGS

5

Plaintiff,

6

v.

7

AMERICAN ASSOCIATE OF

8

UNIVERSITY WOMEN, et al.,

9

ORDER

Defendants.

10
11

On August 13, 2018, plaintiff’s counsel submitted a document (ECF No. 111)

12

entitled “Plaintiffs’ Submission Re Magistrate Judge’s Orders.” Although the pleading

13

references some of the Orders issued by the Court, it does not identify any order which it

14

specifically is in response to, nor does it identify a particular motion it purports to respond

15

to. It contains no prayer for relief and seeks no specific relief.

16

Instead, this pleading appears to be an attempt by plaintiff’s counsel to submit a

17

general response to all proceedings since July 25, 2018, or possibly a particular response

18

to the Court’s August 8, 2018 show cause hearing. If that is the purpose of the pleading, it

19

is unauthorized and was improperly filed.

20

First, it is late and plaintiff’s counsel failed to seek leave of the Court to file an out-

21

of-time response. Second, the August 8, 2018 hearing required plaintiff’s counsel to be

22

present. The order setting that August 8, 2018 hearing did not authorize a response in

23

writing. Even if the Court were to consider counsel’s August 13, 2018 pleading, it fails to

24

provide sufficient information and in fact raises issues which require additional

25

information. The reason counsel was ordered to personally appear was not only to show

26

cause why sanctions should not be imposed, but was also so counsel could respond to the

27

Court’s inquiries. Not only did counsel fail to appear as ordered, it now seems he has

28
1
15-cv-1356-WQH-AGS

1

unilaterally elected to provide a written response to excuse his behavior, rather than

2

personally appearing.

3

Litigants and counsel are not free to choose which hearings they will attend and

4

which they will not. The August 13, 2018 pleading contains no prayer for relief, nor does

5

the pleading appear to request specific relief. Consequently, no relief will be granted.

6
7

IT IS SO ORDERED.
Dated: August 20, 2018

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
15-cv-1356-WQH-AGS