Aldie Darnell Henry v. County of Los Angeles et al

Filing 49

AMENDED ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED AGAINST THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT FOR FAILURE TO TIMELY FULFILL ITS SETTLEMENT AGREEMENT OBLIGATIONS by Magistrate Judge Jay C. Gandhi. The Court ORDERS the Sheriff' ;s Department to show cause, no later than November 21, 2014, why it should not be sanctioned for its failure to approve the Plan. In its showing, the Sheriff's Department shall outline all efforts taken to ensure the timely execution of its obligation. Absent a demonstration of best efforts, the Court will impose sanctions. The Court shall set further proceedings, as necessary and appropriate, after review of the Sheriff's Department's response. (kh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-394 JCG

Title

Aldie Darnell Henry v. County of Los Angeles, et al.

Present: The Honorable

Date

November 5, 2014

Jay C. Gandhi, United States Magistrate Judge

Kristee Hopkins

None

N/A

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendants:

None

None

Proceedings:

(IN CHAMBERS) AMENDED ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED AGAINST THE LOS
ANGELES COUNTY SHERIFF’S DEPARTMENT FOR FAILURE TO
TIMELY FULFILL ITS SETTLEMENT AGREEMENT
OBLIGATIONS

The Court is contemplating the imposition of sanctions against the Los Angeles County Sheriff’s
Department (the “Sheriff’s Department”) for its failure to timely fulfill its obligations under this action’s
conditional settlement agreement. Specifically, the Court is considering ordering the Sheriff’s
Department to pay Plaintiff $10,000 for the undue burden imposed by the Sheriff’s Department’s failure
to timely approve a Corrective Action Plan.
By way of background, on April 9, 2014, the Court was advised that the parties reached a
conditional settlement of this action, subject to approval by the Los Angeles County Board of
Supervisors. [Dkt. No. 40.] As part of that settlement, it was agreed that the Sheriff Department would
approve and implement a Corrective Action Plan (the “Plan”).
However, as of this date – nearly seven months later – that Plan has not been approved. This
delay has caused substantial inconvenience to both Plaintiff and the Court.
Accordingly, the Court ORDERS the Sheriff’s Department to show cause, no later than
November 21, 2014, why it should not be sanctioned for its failure to approve the Plan. In its showing,
the Sheriff’s Department shall outline all efforts taken to ensure the timely execution of its obligation.
Absent a demonstration of best efforts, the Court will impose sanctions.
The Court shall set further proceedings, as necessary and appropriate, after review of the
Sheriff’s Department’s response.
It is so ordered.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-394 JCG

Title

Aldie Darnell Henry v. County of Los Angeles, et al.

cc:

Date

November 5, 2014

Parties of Record

00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

kh

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