Filed: May 11, 2016
Latest Update: May 11, 2016
Summary: ORDER FOR DEFENDANT BADASCI TO SHOW CAUSE ORDER DIRECTING CLERK OF COURT TO SERVE THIS ORDER ON DEFENDANT DALE A. DROZD , District Judge . On April 4, 2016, defense counsel moved to withdraw as attorney for both defendants, citing a conflict of interest that arose during settlement negotiations. (Doc. No. 31.) Following a hearing on May 3, 2016, the court issued an order on May 4, 2016 directing defendant Badasci to appear personally, not through counsel, at a further hearing scheduled
Summary: ORDER FOR DEFENDANT BADASCI TO SHOW CAUSE ORDER DIRECTING CLERK OF COURT TO SERVE THIS ORDER ON DEFENDANT DALE A. DROZD , District Judge . On April 4, 2016, defense counsel moved to withdraw as attorney for both defendants, citing a conflict of interest that arose during settlement negotiations. (Doc. No. 31.) Following a hearing on May 3, 2016, the court issued an order on May 4, 2016 directing defendant Badasci to appear personally, not through counsel, at a further hearing scheduled ..
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ORDER FOR DEFENDANT BADASCI TO SHOW CAUSE
ORDER DIRECTING CLERK OF COURT TO SERVE THIS ORDER ON DEFENDANT
DALE A. DROZD, District Judge.
On April 4, 2016, defense counsel moved to withdraw as attorney for both defendants, citing a conflict of interest that arose during settlement negotiations. (Doc. No. 31.) Following a hearing on May 3, 2016, the court issued an order on May 4, 2016 directing defendant Badasci to appear personally, not through counsel, at a further hearing scheduled for May 11, 2016. (Doc. No. 41.) That order was served by mail on both defendants. Nonetheless, defendant Badasci did not appear at the May 11 hearing. (Doc. No. 42.) On May 11, 2016, the court granted defense counsel's motion to withdraw. (Doc. No. 42.)
Defendant Badasci is hereby ordered to show cause as to why he did not appear as ordered in the court's written order of May 4, 2016. As he is no longer represented by counsel in this matter, defendant Badasci must respond to this order personally in writing within fourteen (14) days of service of this order and explain why he failed to appear at the hearing on May 11, 2016 as ordered by the court.
The court also sets a hearing for Tuesday, May 31, 2016 at 10:00 A.M. in Courtroom 5, Robert E. Coyle Federal Building, 2500 Tulare Street, Fresno, California. In the event defendant Badasci does not respond in writing within fourteen days of the service of this order showing good cause for his failure to appear at the May 11 hearing, he is ordered to appear personally on May 31 at 10:00 a.m. If defendant Badasci responds in writing and shows cause for his failure to appear, the hearing scheduled for May 31, 2016 will be vacated and he need not personally appear.
Defendant Badasci is forewarned, however, that should he fail to respond in writing and also fail to appear at the scheduled May 31, 2016 hearing, as required by this order, sanctions will likely be imposed against him, as it is within the inherent authority of the court to control its docket and require compliance with its orders. See Chambers v. NASCO, Inc., 501 U.S. 32, 42-46 (1991).
The Clerk of Court is directed to serve this order on defendant Badasci, who is now proceeding pro se in this action, at the following address:
George B. Badasci
15520 Evergreen Road
Cottonwood, California 96022
IT IS SO ORDERED.
