Opinion
CV 21-8624 MRW
07-29-2024
Sculls v. City of Los Angeles
PRESENT: HON. MICHAEL R. WILNER, U.S. MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings: ORDER TO SHOW CAUSE
1. In the Court's June 24 order regarding Mr. Avendano (Docket # 136), the Court directed Plaintiffs to identify the attorney representing this witness in their next supplementary submission. Based on the defense's review of that submission - and my own - Plaintiffs failed to do so. (Docket # 137, 138 at 10.)
2. Ms. O'Connor is therefore ORDERED to show cause why she should not be sanctioned financially or why Plaintiffs should not otherwise face a litigation sanction in this action. A sworn declaration in response to this OSC (not to exceed three pages) will be filed by August 5. The declaration: (a) will identify the attorney representing Mr. Avendano (or who previously represented him (Docket # 135 at 6)); and (b) will explain why this information was not included in the recent submission as ordered.
3. In another June order (Docket # 134), I informed the parties that I will be leaving the Court on August 16. I further told the lawyers that they could consent to another magistrate judge by or before July 26 to handle the remainder of the action, or that the case would be randomly reassigned to a district judge. The parties have not submitted a timely consent.
4. Given the complexity of the many pending motions, it is not in the interests of justice for me to rush through important questions of the scope of the legal claims or whether summary judgment is warranted. Therefore, I'm inclined to have the lawsuit reassigned within the Court now.
5. As a courtesy to the parties, I can hold off on that for a few days if the lawyers want to explore consenting to another magistrate judge. I can also hold an informal video call with you if you want to discuss this option and potential available judges. Please contact my CRD immediately to set up a call this week if this is of interest. If not, the case will be returned to the assignment wheel next week.