Christian Garcia v. City of El Monte et al

Filing 53

ORDER TO SHOW CAUSE RE SANCTIONS by Judge Dale S. Fischer. (SEE ORDER FOR SPECIFICS). (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CHRISTIAN GARCIA,
Plaintiff,
v.

NO. CV 18-5129 DSF (AGRx)
ORDER TO SHOW CAUSE
RE SANCTIONS

CITY OF EL MONTE, et al.,
Defendants.

On August 29, 2018, this Court issued its Order Setting
Scheduling Conference, setting the Conference for November 26,
2018 and stating: “The lead trial attorney must attend the
scheduling conference unless excused by the Court for good cause
shown in advance of the scheduling conference.” The Order also
cautioned against counsel claiming to be “co-lead counsel” as a
means of avoiding this requirement.
At the November 26 hearing, Katie deGuzman appeared for
plaintiff. In response to the Court’s inquiry, she stated she was
“not sure of” whether she was on the docket. In fact, Ms.
deGuzman did not appear on the docket at all until after the date
of the hearing. She stated that she was lead counsel but that
“[t]here is also another attorney that will be going to trial,” Boris
Treyzon, who was engaged in trial. Mr. Treyzon was listed as lead
counsel when the matter was filed – and still is.
As the Court’s Order is clear, it appears Mr. Treyzon has
willfully failed to comply with this Court’s order to seek
cc: FISCAL

permission to have alternate counsel appear at the scheduling
conference and has deprived the Court of the opportunity to
choose to continue the conference, as indicated in the Order
Setting Scheduling Conference. The Court finds that sanctions
against Mr. Treyzon in the amount of $250 are appropriate. Mr.
Treyzon is ordered to show cause in writing no later than
December 20, 2018 why sanctions in this amount should not be
imposed. A hearing on the Order To Show Cause will be held on
January 7, 2019 at 11:00 a.m. Mr. Treyzon is ordered to attend.
Counsel for defendants may, but is not required to, attend.
Payment of sanctions in the amount indicated to the Clerk of
Court no later than December 20, 2018 (and the filing of a
declaration establishing the payment) will be a sufficient response
to this Order to Show Cause.
The Court also notes that further failures of counsel to comply
with this Court’s rules and orders will result in further sanctions.
IT IS SO ORDERED.
Date: December 6, 2018

___________________________
Dale S. Fischer
United States District Judge

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