DENISE CHAVEZ
[insert address]
[insert contact]
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
| DENISE CHAVEZ,Plaintiff,v.UNITED STATES DEPARTMENT OF EDUCATION; EQUIFAX INFORMATION SERVICES LLC; EXPERIAN INFORMATION SOLUTIONS, INC.; AND, TRANS UNION, LLC,Defendants. | Case No.: EDCV 20-02282-JWH AMENDED COMPLAINT FOR DAMAGES FOR VIOLATIONS OF THE FAIR CREDIT REPORTING ACT, 15 U.S.C. § 1681, AND CALIFORNIA’S IDENTITY THEFT STATUTE, CIVIL CODE § 1798.92 ET SEQ. JURY TRIAL DEMANDED |
RESPONSE TO ORDER TO SHOW CAUSE
Plaintiff, Denise Chavez, submits this response to the order to show cause issued on January 14, 2022, by the Honorable JOHN W. HOLCOMB, UNITED STATES DISTRICT JUDGE. The order emanates from the directions given on January 3, 2022, where the Court entered an order notifying the parties that the January 14, 2022, Status Conference would now be held via video conference. Unfortunately, and due no act bad faith, the Plaintiff inadvertently failed to appear during the Status Conference on January 14, 2022.
Plaintiff submits and reiterates that failure to attend the Status Conference on January 14, 2022, was not intentional. On the morning of January 14, 2022, the Plaintiff obtained the link to join the Court’s virtual session. The Plaintiff attempted to join the session, however, the link repeatedly diverted the Plaintiff toward the subscription/registration page. The Plaintiff was and is aware that a link to join a virtual meeting via Zoom does not require any form of subscription/registration to join or participate in a virtual session. Owing to the technical difficulties, the Plaintiff was unable to join the virtual session.
Plaintiff further submits that sanctions may not be imposed unless the court finds that the plaintiff has acted in bad faith and that such a finding is inappropriate in the circumstances of this case. In re Sutter, supra, 543 F.2d at 1035, the court noted that attorneys (in this case Pro Se Plaintiff) should not be disciplined for “mistake, inadvertence or error of judgment”. In Roadway Express v. Piper, 447 U.S. 752, 767, 100 S. Ct. 2455, 2465, 65 L. Ed. 2d 488 (1980) the Supreme Court held that “a specific finding as to whether counsel’s conduct in this case constituted or was tantamount to bad faith . . . would have to precede any sanction under the court’s inherent powers.”
CONCLUSION
Plaintiff failed to attend the Status Conference set to proceed on January 14, 2022 due to reasons beyond her understanding. It was neither intentional, done in bad faith nor intended to delay the wheels of justice. The Plaintiff is remorseful she was not able to attend the virtual session and prays this Court not issue sanction against her.
Dated: February 3, 2022 Respectfully submitted,
By: ___/s/ Denise Chavez___
DENISE CHAVEZ
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