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Rick W. Cordeiro v. Sysco Food Services of Sacramento

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 2, 2011

RICK W. CORDEIRO, PLAINTIFF,
v.
SYSCO FOOD SERVICES OF SACRAMENTO, INC, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On February 15, 2011, the court ordered plaintiff Rick W. Cordiero and his attorney, Michael D. Welch, to show cause, on or before February 22, 2011, why they should not be sanctioned for their failure to comply with the court's Order dated December 16, 2010, located at Number 20 on the court's electronic docket.*fn1 (Order, Dkt. No. 21.)

On February 22, 2011, plaintiff and his attorney filed a written response to the order to show cause. (Dkt. No. 22 at 2-3.) A review of the court's docket reflects that defendant Sysco Food Services of Sacramento, Inc. did not file a brief in connection with the court's Order to Show Cause, which gave defendant the option to file such briefing by March 1, 2011. (Dkt. No. 21).

In the written response filed on plaintiff's behalf, plaintiff's counsel explains that he received a Notice of Electronic Filing with the docket text pertaining to entry of the court's December 16, 2010 Order and assumed that such docket text was a minute order. (Id.) As a result, he did not check the docket for a more detailed written order. (Id.) Therefore, plaintiff's counsel explains that he failed to file a notice of compliance with the court because the docket text did not expressly state such a requirement. (Id.) However, plaintiff's counsel explains that he otherwise complied with the court's December 16, 2010 order in every substantive respect and provided the ordered discovery and paid the requisite monetary sanctions. (Id.) In the future, the parties are cautioned to check the court's electronic docket rather than rely on the summary text appearing within emails reflecting Notices of Electronic Filings.

Accordingly, the show cause order is HEREBY discharged as to plaintiff and his attorney.

IT IS SO ORDERED.


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