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Real Property: Other | California Central
Text Only Scheduling Notice
(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: In response to the Court's order to show cause why the First Amended Complaint should not be dismissed for lack of prosecution, Plaintiff's counsel Thomas Sands filed a declaration stating that Plaintiff does not wish to abandon the case and "intends to meet and confer with opposing counsel to discuss setting aside the default and to discuss filing of a motion." Dkt. No. 40 at 2. He asserts that Plaintiff's principal had his cell phone stolen and was temporarily unable to communicate with Sands, which "caused further delay in [Sands's] ability to prosecute this case effectively." Id. Sands does not specifically address his failure to respond to the counterclaims, either in the first instance or after the Court notified him that his client was in default and gave him a second opportunity. Nor does he address his failure to respond to Defendant's meet-and-confer attempts, in violation of the Court's orders. See Dkt. No. 12 at 10 ("Failure by any party to comply in good faith with the meet-and-confer requirement shall result in an order to show cause re sanctions--including, as appropriate,... deeming the motion unopposed, and/or awarding monetary sanctions."); Dkt. No. 21 at 2-3 (requiring parties to meet and confer and work together to file joint motion for summary judgment). To the extent Sands was hampered by his inability to contact his client, he did not notify the Court or opposing counsel or request an extension. Sands's failures have caused the Court and Defendant to needlessly expend resources, and he has not provided a satisfactory explanation. Accordingly, Plaintiff is ordered to show cause on August 14, 2026 at 8:30 a.m. why Plaintiff and Sands should not be sanctioned under Rule 16(f) and the Court's inherent authority for Plaintiff's abandonment of the case and violations of the Court's orders, including by dismissal of the case and/or imposition of monetary sanctions. No later than August 7, 2026, Sands shall file a written response to this order to show cause (OSC). In the written response, Sands shall state whether he has ever been sanctioned by any court or agency or the subject of an OSC for failing to follow any court rule or order, and shall describe in detail any such OSCs and their outcomes. The Court also sets a status conference on August 14, 2026 to determine how to proceed in light of Plaintiff's default as to the counterclaims. The parties shall meet and confer and attempt to reach agreement on how to proceed (including whether they wish to resolve the matter, given Sands's representation that Plaintiff has obtained preapproval for a loan, apparently to enable Plaintiff to complete the purchase at issue in this case) and shall file a joint status report no later than August 7, 2026.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY
Declaration
DECLARATION of THOMAS D. SANDS, ESQ IN RESPONSE TO OSC filed by Plaintiff Mara Ventures LLC, Counter Defendant Mara Ventures LLC. (Attachments: # 1 Declaration)(Sands, Thomas)
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