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7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 JOHN ELMER, Case No. 1:24-cv-00871-JLT-SAB

11 Plaintiff, ORDER REQUIRING ATTORNEY JOHN LATHROP TO SHOW CAUSE IN WRITING 12 v. WHY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH THE 13 CHITWOOD, et al., COURT’S OCTOBER 10, 2025 ORDER

14 Defendants. ORDER DIRECTING CLERK OF COURT TO SERVE THIS ORDER ON ATTORNEY 15 JOHN LATHROP

16 (ECF No. 41)

17 SEVEN-DAY DEADLINE

18 19 Once again, the Court is forced to issue an order to show cause for an attorney’s failure to 20 comply with a court order, this time regarding Attorney John Lathrop. On July 31, 2025, the 21 parties filed a notice of settlement. (ECF No. 34.) The Court vacated all deadlines and hearings 22 and set a deadline to file dispositional documents. (ECF No. 35.) As relevant here, Defendants 23 informed the Court that counsel for Plaintiff had changed to Attorney John Lathrop. (ECF Nos. 24 39, 40.) However, the Court observed that Attorney Lathrop had not made a notice of appearance 25 nor filed a substitution of counsel form. Thus, the Court could not accept a stipulation of dismissal 26 at that time because it was not apparent from the docket that Attorney Lathrop could act on his 27 1 client’s behalf in this Court. (ECF No. 41.)1 The Court then directed Attorney Lathrop to file a 2 substitution of counsel form by October 17, 2025. (Id.) On October 10, 2025, Plaintiff’s former 3 attorney, Michael R. Hayden, filed an unopposed motion to withdraw as counsel (as well as 4 responding to the Court’s other orders to show cause). Thus, with the unopposed motion, it 5 appears that the only impediment for accepting the stipulation of dismissal and closing this 6 case is a notice of appearance from Attorney Lathrop.2 7 On October 17, 2025, and October 20, 2025, Attorney Lathrop called chambers, leaving 8 voicemails regarding the Court’s October 10, 2025 order. On October 20, 2025, the court room 9 deputy called Attorney Lathrop back and explained to him that with the unopposed motion to 10 withdraw, the only required filing from him was a notice of appearance. The deputy directed 11 Attorney Lathrop to file a notice as soon as possible—by the end of October 20, 2025. As of the 12 date of this order, Attorney Lathrop has filed nothing on the docket. 13 Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules 14 or with any order of the Court may be grounds for imposition by the Court of any and all sanctions 15 . . . within the inherent power of the Court.” The Court has the inherent power to control its docket 16 and may, in the exercise of that power, impose sanctions where appropriate. Bautista v. Los 17 Angeles Cnty.,

, 841 (9th Cir. 2000). The Court shall require Attorney Lathrop to 18 show cause why sanctions should not be issued for the failure to comply with the Court’s October 19 10, 2025 order. 20 Accordingly, IT IS HEREBY ORDERED that Attorney John Lathrop shall show cause, in 21 writing, within seven (7) days from the entry of this order why sanctions should not issue for the 22 failure to comply with the October 10, 2025 order. (ECF No. 41.) Failure to comply with this 23 order will result in the issuance of sanctions. 24 / / / 25

1 On its own, the Court has reviewed attorney admissions for the Eastern District, and it does not appear that Attorney 26 Lathrop is admitted in this Court. Should this be correct, Attorney Lathrop will need to file an application to proceed in this Court pro hac vice. 27 2 The Court will separately dispense with its orders to show cause and imposing sanctions. Before doing so, the Court 1 IT IS FURTHER ORDERED that the Clerk of the Court is DIRECTED to serve this order 2 | on Attorney John Lathrop to both his physical address as well as his email address on file with the 3 | Bar of California. 4 John Lathrop 7S Olive Ave, Apt 1 5 Alhambra, CA 91801-3229 6 johnmartinlathrop @ gmail.com 7) IT IS SO ORDERED. (Se _ Dated: _ October 23, 2025 OF 9 STANLEY A. BOONE 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28