Hector Montano v. Bonnie Brae Convalescent Hospital Inc et al
Filing
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ORDER TO SHOW CAUSE RE: SANCTIONS by Judge Fernando M. Olguin. Defendant shall, on or before 8/10/2015, show cause in writing, why sanctions should not be imposed for defendant's failure to comply with the Judgment issued by this court on 1/12/2015 82 . Failure to timely file such a declaration or to show cause as ordered will result in sanctions being imposed for failure to comply with the Judgment. (cw).
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FILED
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CLERK, U.S. DISTRICT COURT
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7/24/2015
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CENTRAL DISTRICT OF CALIFORNIA
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BY: ___________________ DEPUTY
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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HECTOR MONTANO,
Plaintiff,
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v.
BONNIE BRAE CONVALESCENT
HOSPITAL, et al.
Defendants.
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Case No. CV 12-3462 (FMO) (AGRx)
ORDER TO SHOW CAUSE Re:
SANCTIONS
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The court issued a Judgment for Damages and Injunctive Relief (“Judgment”) on January
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12, 2015, awarding Hector Montano (“plaintiff”) damages and granting injunctive relief against
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Bonnie Brae Convalescent Hospital, Inc. (“defendant”). (See Judgment at 2-3). The court has
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reviewed and considered the parties’ Joint Status Report Re Compliance with Orders and
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Judgment for Damages and Injunctive Relief (“Status Report”), filed July 20, 2015, and has
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determined that defendant has complied with neither the damages nor the injunctive relief portions
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of the Judgment.
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Accordingly, IT IS ORDERED that defendant shall, on or before August 10, 2015, show
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cause, if any there be, why sanctions should not be imposed for defendant’s failure to comply with
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the Judgment. Defendant shall attempt to show such cause in writing by filing a declaration
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signed under penalty of perjury.1 In particular, defendant’s declaration must address why it has
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not timely complied with obligations including, but not limited to the following: (1) paying to plaintiff
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$65,000 in general and $10,000 in punitive damages, (see Status Report at 2); (2) hiring an ADA
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consultant with experience in the FHA, ADA, and the Rehabilitation Act, (see id.); and (3)
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conducting site inspections and preparing reports within six months from the filing date of the
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Judgment. (See id.).
Failure to timely file such a declaration or to show cause as ordered will result in sanctions
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being imposed for failure to comply with the Judgment.
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Dated this 24th day of July, 2015.
/s/
Fernando M. Olguin
United States District Judge
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Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, oral
argument on this Order to Show Cause will not be heard unless ordered by the court. Upon the
filing of a Response, the Order to Show Cause will stand submitted.
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