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CE Resource, Inc. v. Magellan Group

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 17, 2009

CE RESOURCE, INC., PLAINTIFF,
v.
MAGELLAN GROUP, LLC; JOSEPH KNIGHT DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

The supplemental response (Docket No. 65) of Scott A. Conwell to this Court's Order to Show Cause is completely unacceptable. The Court specifically stated that Mr. Conwell was to address his failure to comply with this Court's mandates and the Federal Rules of Civil Procedure. Rather than respond to the Court's Order, Mr. Conwell elected to put the blame on opposing counsel for his conduct in litigating this case.

Based on Mr. Conwell's response, this Court can reach only one of two conclusions: 1) Mr. Conwell is completely obtuse when it comes to reading and understanding a court order; or 2)

Mr. Conwell is deliberately refusing to comply with the same. Prior to receiving Mr. Conwell's latest response, the Court was inclined to accept the former explanation. However, in light of the most recent filing in response to the Court's Order to Show Cause, it appears the latter is the more likely explanation.

Accordingly, the hearing scheduled for 2:00 p.m. on Thursday, September 24, 2009, is hereby vacated. Mr. Conwell now has until September 25, 2009, by 12:00 p.m. (PDT), to convince this Court of which of the above conclusions is accurate. If Mr. Conwell's required response does not address the actions of Mr. Conwell (and no one else), the next communication he will receive from the Court will include an order for monetary sanctions.

IT IS SO ORDERED.

20090917

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