Camarena v. C R Bard Incorporated ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTO CAMARENA, JR., et al., Case No. 1:20-cv-00441-DAD-BAM 12 Plaintiffs, ORDER REQUIRING ATTORNEY 13 STEVEN SCHULTE TO APPEAR v. BEFORE THE COURT ON SEPTEMBER 14 29, 2020 TO SHOW CAUSE WHY C R BARD INCORPORATED, et al., SANCTIONS SHOULD NOT BE 15 IMPOSED FOR UNAUTHORIZED Defendants. PRACTICE OF LAW BEFORE THIS 16 COURT, FAILURE TO COMPLY WITH THE LOCAL RULES, AND FAILURE TO 17 COMPLY WITH A COURT ORDER 18 19 On March 26, 2020, this case was transferred to this Court from the United States 20 District Court for the District of Arizona. (Doc. No. 6.) On July 22, 2020, counsel Steven 21 Schulte appeared at the Initial Scheduling Conference on behalf of Plaintiffs. (Doc. No. 23.) 22 However, a review of the docket and Court records indicated that Mr. Schulte had not 23 submitted a Petition by Attorney for Admission to Practice before the Eastern District or filed 24 an application for admission to practice pro hac vice despite appearing and participating in this 25 matter on Plaintiffs’ behalf. See Local Rule 180. Additionally, no information regarding 26 whether Mr. Schulte is a member of the State Bar of California had been provided. 27 Accordingly, on July 22, 2020, the Court issued an order to show cause why sanctions 1 should not be imposed for Steven Schulte’s failure to comply with the Local Rules and possible 2 unauthorized practice of law before the Court. (Doc. No. 25.) The Court’s order to show cause 3 was mail served on Mr. Schulte and he was required to file a written response within fourteen 4 (14) days of service of the order to show cause. (Id.) Alternatively, Mr. Schulte was permitted 5 to comply with the order by submitting a Petition by Attorney for Admission to Practice before 6 the Eastern District or filing an application for admission to practice pro hac vice and paying 7 the applicable fee and by registering for CM/ECF. (Id.) To date, Mr. Schulte has not filed a 8 written response, sought admission to practice before the Court, or otherwise responded to the 9 Court’s July 22, 2020 order to show cause. 10 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these 11 Rules or with any order of the Court may be grounds for imposition by the Court of any and all 12 sanctions . . . within the inherent power of the Court.” The Court has the inherent power to 13 control its docket and may impose sanctions where appropriate, including dismissal of the 14 action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000). 15 Accordingly, Steven Schulte, counsel for Plaintiffs, is HEREBY ORDERED to appear 16 on Tuesday September 29, 2020, at 8:30 AM in Courtroom 8 (BAM) before the 17 undersigned to show cause why monetary sanctions should not be imposed and/or this action 18 should not be dismissed for failure to comply with the Local Rules, possible unauthorized 19 practice of law before the Court, and failure to comply with the Court’s order. In light of the 20 coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, Mr. Schulte shall 21 appear remotely via Zoom. Mr. Schulte shall contact Courtroom Deputy, Esther Valdez, at 22 (559) 499-5788 or evaldez@caed.uscourts.gov for the video and dial-in information. Mr. 23 Schulte may alternatively comply with this order by submitting a Petition by Attorney for 24 Admission to Practice before the Eastern District or filing an application for admission to 25 practice pro hac vice and paying the applicable fee and by registering for CM/ECF before 26 September 29, 2020. 27 The Clerk of Court is further directed to serve a copy of this order on Steven Schulte at 1 Failure to respond to this order will result in the imposition of sanctions, including 2 monetary sanctions and/or a recommendation that this action be dismissed for failure to 3 comply with the Local Rules and the Court’s orders. 4 IT IS SO ORDERED. 5 6 Dated: September 10, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27