Johnson v. JP Morgan Chase Bank et al

Filing 171

ORDER to SHOW CAUSE Re: Attorney Harold Hewell's Non-Appearance signed by Magistrate Judge Gary S. Austin on 3/26/2010. Show Cause Response due by 4/5/2010; Show Cause Hearing set for 4/12/2010 at 01:30 PM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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1 2 3 4 5 6 7 8 DELORES JOHNSON, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 On February 2, 2010, a pretrial conference in this matter was set for March 23, 2010 at 1:30 pm in Courtroom 10. (Doc. 166). On March 17, 2010, the Court issued a minute order stating as follows : "The Court requires the personal appearance of counsel and the principals with settlement authority at the Pretrial Conference set for March 23, 2010 at 1:30 pm before the Honorable Gary S. Austin." (Doc. 169). On March 19, 2009, the Court excused the personal ) ) ) ) Plaintiff, ) ) v. ) ) ) ) ) ) JP MORGAN CHASE BANK, N.A., LAKE ) VALLEY RETRIEVALS, INC., LAKE ) VALLEY INVESTMENTS, UNIFUND ) CCR PARTNERS, VIP ADJUSTMENT ) BUREAU, INC., BAG FUND LLC, ) JAY BERNSTEIN, ) ) ) Defendants. ) ) _____________________________________ ) 1:08-cv-00081 GSA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ORDER TO SHOW CAUSE RE: ATTORNEY HAROLD HEWELL'S NON-APPEARANCE Hearing Date : April 13, 2010 Time: 1:30 pm Courtroom : 10 (GSA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 appearance of Defendant Jay Bernstein and the principal of VIP Adjustment Bureau, Inc. ("VIP") on the condition that the attorneys were personally present and all principals were available by telephone to conduct settlement negotiations. The pretrial conference was held on March 23, 2010, however, Harold Hewell, counsel for Defendants Jay Bernstein and VIP did not attend the hearing. Instead Marshall Moushigian, Esq., made a special appearance on Mr. Hewell's behalf. Mr. Moushigian had very limited knowledge about this case. Rule 16(e) of the Federal Rules of Civil Procedure requires that the pretrial conference be attended by at least one attorney who will conduct the trial for each party. Fed. R. Civ. P. 16(e). Therefore, the Court orders Mr. Hewell to show cause why the Court should not impose monetary or other sanctions for a flagrant violation of this court's orders, as well as a violation of the Federal Rules of Civil Procedure. The hearing on the order to show cause will be held on April 12, 2010 at 1:30 p.m. in Department 10. The personal appearance of Mr. Hewell at the hearing is required. A written response to this order to show cause shall also be filed no later than 12:00 pm on Monday, April 5, 2010. Failure to respond to this order to show cause as required may result in monetary or other sanctions against Mr. Hewell and Defendants Jay Bernstein and VIP. IT IS SO ORDERED. Dated: 6i0kij March 26, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 2

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