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JOHN L. BURRIS ESQ., SBN 69888

LATEEF H. GRAY, ESQ., SBN 250055

JAMES COOK, ESQ., SBN 300212

LAW OFFICES OF JOHN L. BURRIS

Airport Corporate Centre

7677 Oakport Street, Suite 1120

Oakland, California 94621

Telephone: (510) 839-5200

Facsimile: (510) 839-3882 

John.Burris@johnburrislaw.com

Lateef.Gray@johnburrislaw.com

James.Cook@johnburrislaw.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF CALIFORNIA

GARY MILLER, an individual, 

 

 Plaintiff,

vs.

CITY OF OAKLEY, a municipal corporation; 

RYAN MACLENNAN, individually and in his 

capacity as an officer for the OAKLEY Police 

Department; CHRISTOPHER HAMBLIN, 

individually and in his capacity as an officer for 

the OAKLEY Police Department; J. SCHULTZ, 

individually and in his capacity as a sergeant for 

the OAKLEY Police Department; DAVID 

RIDDLE, individually and in his capacity as an 

officer for the OAKLEY Police Department; 

BRIAN FABEL, individually and in his capacity 

as an officer for the OAKLEY Police 

Department and DOES 1-25, inclusive, 

individually, jointly and severally,

 Defendants.

 

CASE NO.: 3:17-cv-00206-JD

PLAINTIFF’S RESPONSE TO ORDER TO 

SHOW CAUSE REGARDING FAILURE TO 

ATTEND CASE MANAGEMENT 

CONFERENCE

Case 3:17-cv-00206-JD Document 31 Filed 07/07/17 Page 1 of 4
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Plaintiff’s Counsel, JAMES COOK, submits this response to the Court’s June 30, 2017 Order 

to Show Cause Regarding Failure To Attend the Case Management Conference at 10:00 a.m. on June 

29, 2017. 

My failure to attend the Case Management Conference was simply a scheduling error. 

According to my personal calendar, the Case Management Conference was originally set for August 

31, 2017. Although there were other continuances, I somehow fixated on the scheduling order 

pursuant to EFC Docket Number #26. I overlooked the EFC email alert that scheduled the Case 

Management Conference for an earlier date according to EFC Docket Number #27. As a result, I did 

not update my personal calendar. 

The puzzling aspect of this oversight is compounded by the fact that I actively participated in 

the effort to meet and confer with opposing counsel, Patrick Hurley, in order to complete the Joint 

Case Management Statement. 

Accordingly, I respectfully request that: 1) the Court view my failure to appear as excusable 

neglect rather than willful neglect; 2) the Court withhold imposing sanctions. The District Court “has 

the inherent authority to impose sanctions for bad faith, which includes a broad range of willful 

improper conduct.” Fink v. Gomez, 239 F.3d 989, 992 (9th Cir.2001). Monetary sanctions and 

attorney's fees are appropriate upon a finding of "bad faith" conduct. Leon v. IDX Sys. Corp., 464 

F.3d 951, 961 (9th Cir.2006) (quoting Primus Auto. Fin. Servs., Inc. v. Batarse, 115 F.3d 644, 648 

(9th Cir.1997)). A party demonstrates bad faith by “delaying or disrupting the litigation or hampering 

enforcement of a court order.”

 I submit that this was not a situation where I simply disobeyed or ignored the Court’s order. 

Moreover, my failing to properly calendar the proper date was not a bad faith attempt to delay or 

disrupt the litigation. In fact, I had every intention of attending the Case Management Conference,

Case 3:17-cv-00206-JD Document 31 Filed 07/07/17 Page 2 of 4
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albeit on August 31, 2017. Moreover, I recently scheduled some personal travel dates around my 

intent to attend the August 31, 2017 Case Management Conference.

Thus, I ask that the Court and opposing counsel accept my apologies and forgoe sanctions. I 

do not foresee this happening again. 

Dated: July 7, 2017 By: /s/James Cook

James Cook

Lateef Gray

Attorneys for Plaintiffs

Case 3:17-cv-00206-JD Document 31 Filed 07/07/17 Page 3 of 4
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PROOF SERVICE

I, James Cook, declare as follows: I am over the age of 18 years and not a party to this action. 

My business address is 7677 Oakport Street, Suite 1120, Oakland, CA 94621. I caused the 

foregoing:

PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE REGARDING FAILURE TO 

ATTEND CASE MANAGEMENT CONFERENCE

to be served on the following parties in the following manner: 

Mail [ X] Overnight Mail [ ] Personal Service [ ] Email [ X]

Patrick L. Hurley

Contra Costa County 

Office of the County Counsel 

651 Pine Street, 9th Floor 

Martinez, CA 94553

I declare under penalty of perjury that the foregoing is true and correct and that this 

declaration of service was executed in Oakland, CA on July 7, 2017. 

Signed: /s/James Cook

Case 3:17-cv-00206-JD Document 31 Filed 07/07/17 Page 4 of 4