Yellowcake, Inc. v. Hyphy Music, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YELLOWCAKE, INC., a California No. 1:20-cv-00988-DAD-BAM corporation, 12 ORDER TO SHOW CAUSE WHY SETH L. Plaintiff, BERMAN’S PRO HAC VICE STATUS SHOULD 13 NOT BE DENIED 14 v. HYPHY MUSIC, INC., 15 FOURTEEN (14) DAY DEADLINE 16 Defendant. 17 18 Plaintiff Yellowcake, Inc. initiated this copyright action on July 16, 2020. (Doc. No. 1.) 19 On August 20, 2020, Seth L. Berman filed an application to appear and participate pro hac vice in 20 this action. (Doc. No. 10.) 21 Local Rule 180 governs the admission of attorneys to practice pro hac vice in this Court. 22 Pursuant to Local Rule 180(b)(2), 23 Unless authorized by the Constitution of the United States or an Act of Congress, an attorney is not eligible to practice [pro hac vice] if any one or more of the 24 following apply: (i) the attorney resides in California, (ii) the attorney is regularly employed in California, or (iii) the attorney is regularly engaged in professional 25 activities in California. 26 L.R. 180(b)(2). 27 According to the application and Court records, Mr. Berman recently has made pro hac 28 1 vice applications to this Court in the following matters, which have been granted: (1) 2 Yellowcake, Inc. v. Plantino Records, et al., Case No. 1-:20-cv-00796; and (2) Yellowcake, Inc. 3 v. Morena Music, Inc., et al., Case No. 1:20-cv-00787. (Doc. No. 10 at 2.) Frequent 4 applications for admission pro hac vice may indicate that an attorney is regularly engaged in 5 professional activities in California in violation of Local Rule 180(b)(2). See, e.g., Guguni v. 6 Chertoff, 2008 WL 2080788 (N.D. Cal. 2008); Mendoza v. Golden West Sav. Ass’n Services 7 Co., 2009 WL 2050486 (C.D. Cal. 2009); Ang v. Bimbo Bakeries USA, Inc., 2015 WL 1474866 8 (N.D. Cal. 2015). 9 Accordingly, Seth L. Berman is HEREBY ORDERED to SHOW CAUSE why his 10 admission pro hac vice should not be denied on the basis that he is regularly engaged in 11 professional activities in California. Mr. Berman shall file a written response to this order to 12 show cause within fourteen (14) days of service of this order. 13 Failure to respond to this order to show cause may result in the imposition of 14 sanctions, including but not limited to monetary sanctions. 15 IT IS SO ORDERED. 16 17 Dated: August 24, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28