Alcazar v. Fashion Nova, Inc.
- Jon Tigar
- 4:20-cv-01434
- U.S. District Court · Northern District of California
- 1
In Alcazar v. Fashion Nova, Judge Tigar rescheduled a conference and ordered Fashion Nova and its counsel to explain why sanctions should not be imposed.
Fashion Nova, Inc. and its counsel, who were ordered to respond to the court’s directive concerning possible monetary sanctions.
What happened
In Alcazar v. Fashion Nova, Inc., the scheduled case-management conference did not occur because Fashion Nova’s lawyer failed to appear. Court staff tried contacting that lawyer and another attorney identified by an automatic out-of-office message, but both messages also indicated they were unavailable.
The court scheduled another case-management conference and said no updated case-management statement was required. The order does not decide the parties’ underlying dispute.
Judge Tigar ordered Fashion Nova and its counsel to explain why monetary sanctions should not be imposed. Their written response was due May 25, 2021, and the court gave them until the next scheduled conference to be heard.
The detailed version
- Alcazar v. Fashion Nova, Inc. · No. 4:20-cv-01434
- Jon Tigar
- May 18, 2021
Background
The court had scheduled a case-management conference for 2:00 p.m. Defendant Fashion Nova, Inc.’s counsel did not appear. The courtroom deputy emailed the attorney of record and received an automatic out-of-office response directing her to another attorney. The second attorney’s email also produced an automatic out-of-office response. As a result, the conference did not proceed as scheduled.
Court’s Actions
The court scheduled a further case-management conference for June 15, 2020, at 2:00 p.m., and stated that an updated case-management statement was not required. The order also directed Fashion Nova and its counsel to show cause—meaning to explain—why the court should not impose monetary sanctions. The court cited its authority to impose sanctions for willful disobedience of a court order after notice and an opportunity to be heard. A written response was due May 25, 2021.
Disposition
In Alcazar v. Fashion Nova, Inc., Judge Jon S. Tigar rescheduled the case-management conference and issued an order to show cause regarding possible monetary sanctions against Fashion Nova and its counsel. The order did not impose monetary sanctions or decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.