David Farrell v. BJ's Restaurant Operations Company

Filing 33

Order by Judge Dale S. Fischer to Show Cause re Sanctions. Plaintiffs counsel is therefore ordered to show cause in writing no later than 8/24/2022, why he should not be sanctioned in the amount of $750 for his failure to comply with this Court's orders. A hearing on this Order to Show Cause will be held on 8/22/2022 at 1:30 PM. See Order for specifics. (jp) (Main Document 33 replaced on 9/28/2022) (jp).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

DAVID FARRELL,
Plaintiff,
v.

CV 20-3771 DSF (Ex)
ORDER TO SHOW CAUSE RE
SANCTIONS

BJ’s RESTAURANT
OPERATIONS COMPANY,
Defendant.

On July 11, 2022, this Court held a hearing on Plaintiff’s Motion
for Approval of PAGA Settlement and Release. At the hearing, the
Court described numerous errors in the documents submitted and
raised other concerns. Plaintiff’s counsel was ordered to file corrected
documents. On July 13, 2022, Plaintiff filed Plaintiff’s Amended
Memorandum of Points and Authorities in Support of Motion for
Approval of PAGA Settlement and Release. Dkt. 30. After reviewing
docket 30, the Court issued the following Order:
The document filed as docket 30 fails to comply with the
Court’s orders concerning the issues addressed at the hearing on
June 11, 2022. The Court suggests that Plaintiff obtain a copy of
the court reporter’s transcript so that counsel can address those
issues properly. Among other things, counsel has not corrected
all of the mathematical errors. In addition, counsel appears to
have verified that the California Unclaimed Property Division

exists, but not – as the Court directed – that the Department
would accept funds of the type referred to in Plaintiff’s proposed
settlement.
In addition, the Amended Memorandum of Points and
Authorities is not searchable as required by Local Rule 5-4.3.1
and is therefore stricken. Counsel must file a new motion
correcting all of the deficiencies identified by the Court.
The proper amounts to be distributed must be included in
the proposed order. The letter to employees must specifically
state that any funds not claimed will be sent to the Unclaimed
Property Division (assuming that is appropriate) rather than to
the State of California – as the Court indicated at the hearing.
Dkt. 31. This Order was issued on July 15, 2022 at 4:06 p.m.
On July 15, 2022 at 6:11p.m. Plaintiff filed another document
titled Plaintiff’s Amended Memorandum of Points and Authorities in
Support of Motion for Approval of PAGA Settlement and Release. Dkt.
32. This document appears to be identical to the document filed at
docket 30. It does not appear that Plaintiff’s counsel complied with any
of the Court’s requirements in its July 15 Order. Plaintiff’s counsel is
therefore ordered to show cause in writing no later than August 24,
2022, why he should not be sanctioned in the amount of $750 for his
failure to comply with this Court’s orders. A hearing on this Order to
Show Cause will be held on August 22, 2022 at 1:30 p.m. The filing of
documents that comply with all of this Court’s orders made on July 11
and in its July 15 Order will constitute satisfaction of this Order.
Failure to comply will result in additional sanctions, which may include
dismissal with prejudice.
IT IS SO ORDERED.

___________________________
Dale S. Fischer
United States District Judge

Date: August 2, 2022

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