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E Clampus Vitus v. David L. Steiner

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


February 28, 2013

E CLAMPUS VITUS,
PLAINTIFF,
v.
DAVID L. STEINER, THOMAS PEAK, JOHN MOORE, KARL DODGE, JOSEPH ZUMWALT CHAPTER 169 E CLAMPUS VITUS, AND DOES 1 THROUGH 50,
DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER DISCHARGING ORDER TO SHOW CAUSE; ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

Plaintiff was Ordered to Show Cause ("OSC") in a writing to be filed no later than February 11, 2013, why it and/or its counsel should not be sanctioned six hundred dollars ($600.00) for twice failing to participate in filing a timely joint status report and failing to respond to the January 23, 2013 OSC. (ECF No. 23.) Plaintiff's former counsel filed a Declaration in response to the OSC, in which he avers, in part, as follows:

4. The failure to file and consult is completely my fault. As a result of recent medical and other issues of both myself and my staff, I came to realize that I was not going to be able to continue with this case and notified counsel for the Plaintiff on the 23rd that I ws going to be withdrawing.

5. I advised the client and new counsel has been retained.

(Decl. of Matthew V. Brady ¶¶ 4-5, ECF No. 24.)

In light of these representations, a sanction will not be imposed. Therefore, Mr. Brady's request for a hearing is unnecessary, and no hearing is scheduled.

Further, the Joint Status Report filed February 19, 2013, reveals this case is not ready to be scheduled. Therefore, the Status (Pretrial Scheduling) Conference scheduled for hearing on March 4, 2013, is continued to May 13, 2013, at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference in which the parties shall address all pertinent subjects set forth in Local Rule 240; the parties may not simply refer the Court to a previously filed status report.

20130228

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