George D. Huffman v. Riverside County Sheriff Stanley Sniff et al

Filing 111

ORDER TO SHOW CAUSE RE: SANCTIONS by Magistrate Judge Michael R. Wilner. The Court previously directed Ms. Grant to document her expenses in preparing for and attending the hearing. She may submit a declaration of that cost by January 25. Mr. Rios is ordered to show cause why he should not pay that cost as a sanction. His response to this OSC (NTE five pages) will be due by February 8. And we'll reconvene for a real status conference on February 22 at 9:30 a.m. as previously ordered. (see document for further details) (hr)

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

ED CV 17-1197 JLS (MRW)

Title

Huffman v. Riverside County Sheriff

Date

January 19, 2023

Hon. Michael R. Wilner, U.S. Magistrate Judge

Present:

James Muñoz

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys for Plaintiff:

Attorneys for Defendant:

n/a

n/a

Proceedings:

ORDER TO SHOW CAUSE RE: SANCTIONS

1.
In December, Attorney Rios filed a notice indicating that Mr. Huffman
retained him in this civil rights action. The Court set the matter for a status conference
on January 18. The Court ordered the lawyers to “be prepared to discuss firm scheduling
for the remainder of the action with the Court” and “to meet telephonically in advance of
the hearing [ ] to facilitate that discussion.” (Docket # 108.)
2.
At the status conference, though, Mr. Rios did not appear to be familiar with
the case at all. He spoke somewhat knowledgeably about another case involving
Mr. Huffman (Huffman v. County of Riverside, ED CV 21-2044 JWH (SHKx) (C.D. Cal.)).
3.
However, in the present case, the lawyer was not aware that the case is long
past the discovery cutoff. Mr. Rios also did not know that the defense filed a detailed
status report indicating that it is prepared to move for summary judgment on various
colorable procedural and substantive grounds.1 Indeed, although not entirely clear from
our discussion, Mr. Rios may not even have met his client since Mr. Huffman’s recent
release from prison.
4.
The failure of Plaintiff’s lawyer to prepare for the hearing wasted the time of
defense counsel and the Court. The Court previously directed Ms. Grant to document her
expenses in preparing for and attending the hearing. She may submit a declaration of
that cost by January 25. Mr. Rios is ordered to show cause why he should not pay that
cost as a sanction. His response to this OSC (NTE five pages) will be due by February 8.

Ms. Grant’s declaration regarding the delay in filing the defense report is sufficient
to discharge the earlier OSC without consequence. (Docket # 104, 109 at 5.)
1

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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

ED CV 17-1197 JLS (MRW)

Title

Huffman v. Riverside County Sheriff

Date

January 19, 2023

5.
And we’ll reconvene for a real status conference on February 22 at 9:30 a.m.
as previously ordered. The parties may appear by video. Note that Judge Wilner will be
present in the courtroom.
6.
To avoid prejudice to the defense, the deadline by which to file a dispositive
motion is continued to March 31.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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