Johnson v. Wang et al
Filing
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ORDER TO SHOW CAUSE directing Defendant Donald P. Wang to show cause why the court should not enter default against him and issue sanctions of $2,000.00. Show Cause Response re: default due by 7/25/2018 at 12:00 p.m.; Show Cause Response re: Sanctions due 8/2/2018, at 12:00 p.m. Signed by Judge James L. Robart. (PM)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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GEORGE JOHNSON,
Plaintiff,
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CASE NO. C16-1738JLR
ORDER TO SHOW CAUSE
v.
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DONALD P. WANG, et al.,
Defendants.
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On July 23, 2018, the court held a pretrial conference in this matter, and in
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personam Defendant Donald P. Wang, who is proceeding pro se, did not appear. (See
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7/23/18 Min. Entry (Dkt. # 38).) Counsel for Plaintiff George Johnson represented that
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based on their conversations with Mr. Wang, Mr. Wang was aware of the conference and
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his need to attend. Moreover, the court’s orders clearly notified Mr. Wang of the
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conference date and the potential consequences for failing to appear. (See Sched. Order
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(Dkt. # 23); 7/11/18 Order (Dkt. # 37) (citing Local Rules W.D. Wash. LCR 11(c)); Dkt.
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(6/27/18 entry)); Local Rules W.D. Wash. LCR 11(c) (stating that the court may consider
ORDER - 1
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a failure to “appear at [the] pretrial conference . . . an abandonment or failure to prosecute
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or defend diligently, and judgment may be entered against that party”). Because of his
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failure to appear, the court ORDERS Mr. Wang to SHOW CAUSE why the court should
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not enter default against him and issue sanctions of $2,000.00.
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Regarding the entry of default, Mr. Wang must respond no later than Wednesday,
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July 25, 2018, at 12:00 p.m. If he does not respond or sufficiently demonstrate good
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cause for his failure to appear, the court will enter default against him. See Ringgold
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Corp. v. Worrall, 880 F.2d 1138, 1141-42 (9th Cir. 1989); see also Local Rules W.D.
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Wash. LCR 11(c).
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Regarding sanctions, Mr. Wang must respond no later than Thursday, August 2,
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2018, at 12:00 p.m. A federal court’s inherent authority allows the court to “fashion an
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appropriate sanction for conduct [that] abuses the judicial process.” Goodyear Tire &
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Rubber Co. v. Haeger, --- U.S. ---, 137 S. Ct. 1178, 1186 (2017); see also Fink v. Gomez,
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239 F.3d 989, 991 (9th Cir. 2001) (“Three primary sources of authority enable courts to
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sanction parties or their lawyers for improper conduct: (1) Federal Rule of Civil
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Procedure 11, which applies to signed writings filed with the court, (2) 28 U.S.C. § 1927,
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which is aimed at penalizing conduct that unreasonably and vexatiously multiplies the
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proceedings, and (3) the court’s inherent power.”). Because he failed to appear despite
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repeated notifications, Mr. Wang must show cause why the court should not issue
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sanctions in the amount of $2,000.00.
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Dated this 23rd day of July, 2018.
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A
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JAMES L. ROBART
United States District Judge
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