Opinion
For Pepsico, Inc., A North Carolina corporation, New Company Beverage Company, a California corporation, The Concentrate Manufacturing Company of Ireland, also trading as Seven-Up International, a corporation of the Republic of Ireland, Plaintiffs: David C Hilliard, Jonathan S Jennings, LEAD ATTORNEYS, PRO HAC VICE, Pattishall McAuliffe Newbury Hilliard & Geraldson, Chicago, IL; William A Finkelstein, LEAD ATTORNEY, Steptoe & Johnson LLP, Los Angeles, CA; Mark J Rosenbaum, Wolf Rifkin Shapiro Schulman and Rabkin LLP, Los Angeles, CA.
PROCEEDING: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS
Michael R. Wilner, United States District Judge.
Plaintiff Pepsico applied for an order to conduct a judgment debtor examination in this civil action. (Docket # 68.) The Court granted the application and set the matter for a hearing on September 15. (Docket # 70.) However, Plaintiff's attorney did not appear at the hearing. Further, in advance of the hearing, Plaintiff's lawyer neither filed a proof of service of the order on the judgment debtor nor requested a postponement of the hearing.
IT IS THEREFORE ORDERED that attorney Mark Rosenbaum will show cause why sanctions should not be personally imposed in this matter. Attorney Rosenbaum may discharge this OSC by submitting a declaration (not to exceed 3 pages) within one week regarding the failure to attend the hearing. Additionally, Plaintiff will promptly inform the Court whether it intends to reapply for a further examination of the judgment debtor.