Opinion
NO. CIV. S-08-2308 LKK/EFB
08-16-2011
NATOMAS GARDENS INVESTMENT GROUP LLC, a California limited liability company, ORCHARD PARK DEVELOPMENT LLC, a California limited liability company, Plaintiffs, v. JOHN G. SINADINOS, et al., Defendants.
ORDER
On July 25, 2011, this court ordered counsel for defendant Larry Deane to "file Mr. Deane's waiver of any objection regarding his representation in this case by Donald M. Wanland, Jr., Esq., a criminal defendant in another matter before this judge, or a statement stating that no waiver is forthcoming." Dkt. No. 337. On August 4, 2011, the court issued an order clarifying that the waiver or statement was to be filed "no later than seven (7) days from the date of this Order." Dkt. No. 339.
Counsel for Mr. Deane has not filed the required waiver, nor a statement indicating that no waiver is forthcoming.
Counsel has instead filed a document signed by himself - not by Mr. Deane - stating that Mr. Deane "waives any objection regarding Donald M. Wanland, Jr.'s representation in this case pursuant to this Court's Order entered August 4, 2011, Docket No. 339." Dkt. No. 340.
Accordingly, the court ORDERS as follows:
[1] Mr. Wanland is ORDERED TO SHOW CAUSE on Monday, August 29, 2011 at 10:00am at this court's Law and Motion Calendar, why he should not be sanctioned in the amount of $150.00 for failing to file the required waiver or statement in a timely manner. Mr. Wanland SHALL appear at the hearing on August 29, 2011 to show cause, and shall be accompanied by his client, Mr. Deane.
[2] Failure of Mr. Wanland or Mr. Deane to appear at the hearing may result in a finding that Mr. Wanland is in contempt of court, even if the required waiver or statement is filed before the hearing.
[3] Mr. Wanland shall file with this court no later than August 22, 2011 at 2:00pm, either the required waiver, or a statement that the waiver is not forthcoming. The waiver shall explicitly acknowledge in words - not by reference to or incorporation of another document - that Mr. Wanland is a criminal defendant in a case before
this judge, and the waiver shall be signed by Mr. Deane.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT