Anderson v. United States of America

Filing 13

MEMORANDUM OPINION AND ORDER For reasons as noted within, counsel for plaintiff are ORDERED within seven days to pay to the Clerk the sum of $500.00 as an appropriate sanction; the status and scheduling conference that was aborted on January 27, 2015, is RESCHEDULED for 10:30 a.m., February 11, 2015 in chambers of the undersigned; if the parties can mutually agree on a proposed schedule pursuant to Rule 26, they shall bring their proposal to the conference. Signed by Judge William M Acker, Jr on 2/2/15. (SAC )

FILED
2015 Feb-02 PM 03:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM DEAN ANDERSON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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CIVIL ACTION NO.
2:14-cv-1182-WMA

MEMORANDUM OPINION AND ORDER
What was said and done on January 27, 2015, in the abortive
status and scheduling conference that had been set for 10:30 a.m.
on that date, is reflected in the transcript of the proceedings
prepared by the court reporter and filed with the Clerk.
not here be repeated.

It need

The only salient facts not reflected in the

said transcript are (1) that at 11:55 a.m. on January 27, 2015,
after counsel for defendant had been excused, Robert Thompson, who,
for some unexplained reason, had gone to the courtroom of Honorable
Sharon Lovelace Blackburn instead of to the chambers of this court,
appeared at this court’s chambers and was told that an order was
being prepared; (2) that defendant has now formally notified the
court that it does not seek compensation for its attorney’s time in
preparing for and attending the abortive hearing; and (3) that
plaintiff has filed a notice of intent to do certain things within
21 days.
Implicit in what this court said on the record on January 27,
2015, is its finding that the failure of all three attorneys

appearing for plaintiff, to appear for the status and scheduling
conference without seeking a continuance or providing a reasonable
excuse for their absence, constitutes sanctionable conduct.

Mr.

Thompson, even if he had shown up at the scheduled hour, is not an
attorney-of-record for plaintiff. Under the circumstances, counsel
for plaintiff are hereby ORDERED within seven (7) days to pay to
the Clerk the sum of $500.00 as an appropriate sanction.
The status and scheduling conference that was aborted on
January 27, 2015, is hereby RESCHEDULED for 10:30 a.m., February
11, 2015 in chambers.

A court reporter shall be present.

If,

before that time, the parties can mutually agree on a proposed
schedule pursuant to Rule 26, they shall bring their proposal to
the conference.
DONE this 2nd day of February, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE