Hector Montano v. Bonnie Brae Convalescent Hospital Inc et al

Filing 92

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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1 FILED 2 CLERK, U.S. DISTRICT COURT 3 7/24/2015 4 CENTRAL DISTRICT OF CALIFORNIA cw BY: ___________________ DEPUTY 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 HECTOR MONTANO, Plaintiff, 11 12 13 14 v. BONNIE BRAE CONVALESCENT HOSPITAL, et al. Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 12-3462 (FMO) (AGRx) ORDER TO SHOW CAUSE Re: SANCTIONS 16 The court issued a Judgment for Damages and Injunctive Relief (“Judgment”) on January 17 12, 2015, awarding Hector Montano (“plaintiff”) damages and granting injunctive relief against 18 Bonnie Brae Convalescent Hospital, Inc. (“defendant”). (See Judgment at 2-3). The court has 19 reviewed and considered the parties’ Joint Status Report Re Compliance with Orders and 20 Judgment for Damages and Injunctive Relief (“Status Report”), filed July 20, 2015, and has 21 determined that defendant has complied with neither the damages nor the injunctive relief portions 22 of the Judgment. 23 Accordingly, IT IS ORDERED that defendant shall, on or before August 10, 2015, show 24 cause, if any there be, why sanctions should not be imposed for defendant’s failure to comply with 25 the Judgment. Defendant shall attempt to show such cause in writing by filing a declaration 26 27 28 1 signed under penalty of perjury.1 In particular, defendant’s declaration must address why it has 2 not timely complied with obligations including, but not limited to the following: (1) paying to plaintiff 3 $65,000 in general and $10,000 in punitive damages, (see Status Report at 2); (2) hiring an ADA 4 consultant with experience in the FHA, ADA, and the Rehabilitation Act, (see id.); and (3) 5 conducting site inspections and preparing reports within six months from the filing date of the 6 Judgment. (See id.). Failure to timely file such a declaration or to show cause as ordered will result in sanctions 7 8 being imposed for failure to comply with the Judgment. 9 Dated this 24th day of July, 2015. /s/ Fernando M. Olguin United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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