Rhodes v. Placer County et al
Filing
148
ORDER signed by Magistrate Judge Kendall J. Newman on 6/1/2011 ORDERING that the 134 Order to Show Cause is DISCHARGED. (Duong, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KATHLYN A. RHODES,
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Plaintiff,
2:09-cv-0489-MCE-KJN-PS
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v.
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PLACER COUNTY, et al.,
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Defendants.
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ORDER
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This matter came on for a status (pretrial scheduling) conference on May 19,
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2011. Plaintiff Kathlyn Rhodes (“plaintiff”) is a licensed attorney bringing this action on her
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own behalf.1 Plaintiff attended the status conference, but did not participate in the creation of
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defendants’ status report and did not file a written status report until one day before the
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conference. Plaintiff had approximately five weeks’ notice of the status conference. (Dkt. No.
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123 (Order entered April 5, 2011, setting matter for status conference on May 19, 2011).)
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During the status conference, plaintiff informed the court that extenuating
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circumstances prevented her from participating in the creation of a joint status report and also
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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1), and was reassigned by an order entered
February 9, 2010. (Dkt. No. 36.)
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prevented her from filing her individual status report prior to one day before the conference. The
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undersigned ordered plaintiff to file a written statement under penalty of perjury detailing the
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circumstances preventing her from filing a status report earlier than one day before the
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conference, and showing cause why she should not be sanctioned. (Dkt. No. 134.) The
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undersigned also ordered plaintiff to show cause why the court should accept her delayed status
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report. (Id.)
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On May 26, 2011, plaintiff timely filed a written statement in substantial
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compliance with the court’s order to show cause, which sufficiently described the events
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contributing to her delayed filing: a medical emergency combined with plaintiff’s decision to use
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a shared post office box to receive her mail. (Dkt. No. 146.) While plaintiff’s written statement
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did not expressly include the words “under penalty of perjury” as the court had directed, the court
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accepts plaintiff’s representations as truthful and in accordance with plaintiff’s ethical duties and
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duty of candor as an attorney and officer of the court.
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The undersigned also reminds plaintiff of her obligation to timely prosecute her
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case. This may require plaintiff to increase the frequency of her visits to the post office box she
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describes so as to timely receive notifications regarding this case, or perhaps to change her
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address of record altogether.
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Accordingly, it is hereby ORDERED that:
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IT IS SO ORDERED.
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The Order to Show Cause (Dkt. No. 134) is discharged.
DATED: June 1, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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