Attebery v. Uhls et al
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 11/17/2011 ORDERING that Jeffery Briggs to show cause in writing no later than 11/28/2011, why he should not be sanctioned for violation of the Pretrial Scheduling Order, and for vio lation of Rule 16(f)(1)(A) and (C) of the FRCP and Local Rules 110 & 182(f). Mr. Briggs shall state in his filing whether he requests a hearing on the matter. Additionally, defendants' counsel shall submit to the court by close of business Monday, 11/21/2011, a declaration stating his hourly billing rate and the number of hours expended on behalf of defendants preparing for and attending the settlement conference which Mr. Briggs failed to attend.(Reader, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT ATTEBERY,
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Plaintiff,
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No. CIV S-10-1341 MCE DAD
vs.
LOUIS UHL and JIM UHL dba
SHERWOOD HARBOR & R.V. PARK,
FENOCCHIO REVOCABLE TRUST, and
DOES ONE through FIFTY, inclusive,
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Defendants.
ORDER TO SHOW CAUSE
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/
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This matter was before the undersigned on November 17, 2011, at 10:00 a.m. for a
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settlement conference. Anthony Diepenbrock, Esq., appeared on behalf of the defendants. In
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violation of the district judge’s scheduling order, plaintiff’s counsel, Jeffery Briggs, Esq., failed
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to appear and no appearance was made on behalf of plaintiff. Additionally, the parties were
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ordered to submit settlement statements not later than September 15, 2011, and to appear at the
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conference with “a principal capable of disposition or to be fully authorized to settle the matter
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on any terms . . . .” Pretrial Scheduling Order, Dckt. No. 13, at 10. Pursuant to that order,
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counsel for defendants submitted a settlement statement on November 10, 2011, and filed a
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notice of submission of that statement which was served electronically on plaintiff’s counsel.
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However, in violation of the Pretrial Scheduling Order, plaintiff’s counsel failed to submit a
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settlement statement. On November 16, 2011, the court’s judicial assistant attempted to inquire
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as to the missing settlement statement by phoning plaintiff’s counsel at the telephone number
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listed on the front of the complaint but received a recorded message stating that “the person you
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are trying to reach in not accepting calls at this time.” In violation of Local Rule 182(f),
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plaintiff’s counsel has not filed notice of a change of telephone number or otherwise kept the
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court informed of how to reach him. Plaintiff’s counsel, Mr. Briggs, is in violation of the court’s
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scheduling order and the local and federal rules.
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Accordingly, Jeffery Briggs is hereby ordered to show cause in writing no later than
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November 28, 2011, why he should not be sanctioned for violation of the Pretrial Scheduling
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Order, and for violation of Rule 16(f)(1)(A) and (C) of the Federal Rules of Civil Procedure and
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Local Rules 110 & 182(f). Mr. Briggs shall state in his filing whether he requests a hearing on
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the matter.
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Additionally, defendants’ counsel shall submit to the court by close of business Monday,
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November 21, 2011, a declaration stating his hourly billing rate and the number of hours
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expended on behalf of defendants preparing for and attending the settlement conference which
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Mr. Briggs failed to attend. If Mr. Briggs fails to establish good cause for the violations noted
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above, he will be ordered to personally reimburse defendants’ counsel for the fees expended.
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DATED: November 17, 2011
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