Kideckel v. Wells Fargo Bank, N.A.
ORDER Re Show Cause Hearing. Signed by Magistrate Judge Jill L. Burkhardt on 1/6/21.(All non-registered users served via U.S. Mail Service)(mme)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No.: 20-cv-00681-DMS (JLB)
ORDER RE SHOW CAUSE
WELLS FARGO BANK, N.A.,
[ECF Nos. 31, 38]
Plaintiff has repeatedly violated the Court’s orders and Civil Chambers Rules
regarding e-mail communications with the Court despite the Court warning Plaintiff on
multiple occasions that e-mails to chambers are not permitted except as authorized by court
order or by the Court’s local or chambers rules. (See ECF Nos. 23; 26; 27.) On
December 15, 2020, the Court issued an Order to Show Cause for why sanctions should
not issue for Plaintiff’s repeated violations and set a telephonic show cause hearing for
January 5, 2021. (ECF No. 31.) Plaintiff did not file any response to the Court’s Order to
Show Cause and failed to appear at the telephonic show cause hearing. (ECF No. 38.)
Instead, Plaintiff sent yet another unauthorized e-mail to the Court’s e-file address
attaching a motion to dismiss. (ECF No. 35; 36.)1 Accordingly, Plaintiff is in violation of
the Court’s December 15, 2020 Order.
The Court previously sanctioned Plaintiff $75 for his failure to appear at the
December 1, 2020 Mandatory Settlement Conference scheduled in this action. (ECF No.
33.) Plaintiff must pay the monetary sanction on or before January 15, 2021 or face
additional sanctions. (Id. at 3.) The Court subsequently reset the Mandatory Settlement
Conference for January 14, 2021. (ECF No. 34.) In its order resetting the Mandatory
Settlement Conference, the Court put Plaintiff on notice that any failure to appear at the
conference or comply with any aspect of the Court’s order resetting the conference will
result in the recommendation of terminating sanctions. (Id. at 1.)
Given the multitude of outstanding issues before the Court, the Court holds in
abeyance at this time its determination of the appropriate sanction for Plaintiff’s violation
of the Court’s December 15, 2020 Order.
IT IS SO ORDERED.
Dated: January 6, 2021
Although not required to do so, the Court forwarded the motion to dismiss to
the Clerk’s Office for filing. (ECF No. 35.) As the Court advised Plaintiff in its minute
order forwarding such motion: “Any future pleadings must be filed with the Clerk’s Office,
in person, by mail, or using CM/ECF, in accordance with court rules and procedures. Any
questions about how to file by mail should be directed to the Clerk’s Office.” (Id.)
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