Opinion
CV 20-9957 DSF (MRWx)
05-03-2022
Williams v. Local 1018
PRESENT: HON. MICHAEL R. WILNER, U.S. MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings: ORDER TO SHOW CAUSE
1. Pursuant to the order of the assigned district judge, Magistrate Judge Wilner has held several pre-settlement video calls with the lawyers over the past year. (Docket # 30, 37, 44.) At our last meeting in February 2022, the Court set another hearing for the morning of Tuesday, May 3, to monitor the action. (Docket # 44.)
2. At 4:21 p.m. on Monday, May 2, a paralegal for Mr. Kennelly filed a short declaration announcing that Mr. Kennelly “is unable to attend this matter in person or via telephone [sic - it was a video appearance.] As of this filing[, ] this office has no time of when Mr. Kennelly will be able to attend this matter.” The declaration requested a 30-day continuance. (Docket # 45.)
3. Notably, the declaration provided no reason for Mr. Kennelly's failure to attend the video hearing. It also summarily announced that no advance notice had been provided to the defense lawyers (other than service of the declaration via CM/ECF). The Court further notes that the Clerk received no voicemail message or video confirmation from Mr. Kennelly in the run-up to his unilateral cancellation.
The online docket entry on the Court's system states that the filing was a declaration from the paralegal attesting that “attorney unable to appear at status conference due to illness.” (Docket # 45.) However, the text of the declaration itself contains no information about any health issue.
4. I would have gladly rescheduled our hearing if I'd received a timely, professional request from any of the parties. But a brusque, cursory, after-hours submission like this materially inconvenienced the Court, its staff, and the defense lawyers. That's unacceptable in federal court.
5. Mr. Kennelly is ordered to show cause why sanctions should not be imposed for his conduct here. He may discharge this OSC by filing a declaration (NTE three pages) by May 6 explaining his conduct. A declaration from Mr. Johnson won't cut it this time.
6. After the Court reviews Mr. Kennelly's submission, it will determine when and how the parties will reconvene for settlement proceedings.