Robert Garber v. Mohammadi et al

Filing 124

ORDER RE: CONDUCT IN COURTROOM by Judge Dean D. Pregerson: As a result of Plaintiff Robert Garbers conduct at the hearing held July 14, 2014, the court finds it necessary to issue the following Order. If Plaintiff continues to comport himself in ways that abuse the judicial process, the court will impose the sanctions it concludes are necessary to maintain respect, decorum,and orderly proceedings in the courtroom. Such sanctions may include monetary fines, the dismissal of his case, or other sanctions the court deems necessary and proper. (lc). Modified on 7/16/2014. (lc).

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ROBERT GARBER, 12 13 14 15 Plaintiff, v. MOHAMMADI, #36506, Lead-officer for the Los Angeles Police Department: et al., 16 17 Defendants. ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 10-07144 DDP (RNBx) ORDER RE: CONDUCT IN COURTROOM 18 19 As a result of Plaintiff Robert Garber’s conduct at the 20 hearing held July 14, 2014, the court finds it necessary to issue 21 the following Order: 22 As the United States Supreme Court has explained: “Courts of 23 justice are universally acknowledged to be vested, by their very 24 creation, with power to impose silence, respect, and decorum, in 25 their presence, and submission to their lawful mandates. . . . A 26 primary aspect of that discretion is the ability to fashion an 27 appropriate sanction for conduct which abuses the judicial 28 process.” Chambers v. NASCO, Inc., 501 U.S. 32, 43-45 (1991). 1 Sanctions imposed on a plaintiff who abuses the judicial process 2 may take a variety of forms up to and including the dismissal of 3 the plaintiff’s action. See id. at 45. 4 At the hearing held on Plaintiff’s motions on July 14, 2014, 5 Plaintiff repeatedly interrupted the court and spoke over the 6 court. The court admonished him to cease such conduct but he 7 nevertheless persisted in the same disruptive behavior. Plaintiff 8 also repeatedly accused the court of bias against him and in favor 9 of Defendant and suggested that the court’s proceedings were 10 11 illegitimate. Such conduct is wholly inappropriate and will not be tolerated 12 going forward. If Plaintiff continues to comport himself in ways 13 that abuse the judicial process, the court will impose the 14 sanctions it concludes are necessary to maintain respect, decorum, 15 and orderly proceedings in the courtroom. Such sanctions may 16 include monetary fines, the dismissal of his case, or other 17 sanctions the court deems necessary and proper. 18 IT IS SO ORDERED. 19 20 Dated: July 16, 2014 DEAN D. PREGERSON United States District Judge 21 22 23 24 25 26 27 28 2

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