Chris L. Jones et al v. A Buyer s Choice Home Insptections, ltd., et al

Filing 92

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY DEFENDANT WILLIAM REDFERN AND HIS COUNSEL, AL MOHAJERIAN, SHOULD NOT BE HELD IN CONTEMPT OR SANCTIONED by Judge Cormac J. Carney. Mr. Redfern and Mr. Mohajerian are DIRECTED to file a written response or written responses to this order to show cause by February 28, 2020. Plaintiffs shall submit any written opposition to the response(s) by March 6, 2020. A hearing on this order to show cause is scheduled for March 16, 2020 at 1:30 p.m (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 17-00768-CJC (ADSx)

Date: February 19, 2020

Title: CHRIS L. JONES, ET AL. v. A BUYER’S CHOICE HOME INSPECTIONS, LTD, ET AL.

PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Gabriela Garcia
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY
DEFENDANT WILLIAM REDFERN AND HIS COUNSEL, AL MOHAJERIAN,
SHOULD NOT BE HELD IN CONTEMPT OR SANCTIONED
On October 1, 2019, this Court denied both parties’ motions for summary
judgment. (Dkt. 59.) After reviewing the parties’ repeated failures to prosecute and
defend the case, follow Court orders, and comply with the Federal Rules of Civil
Procedure and the Central District of California’s Local Rules, the Court ordered the
parties to appear before Magistrate Judge Autumn Spaeth for settlement proceedings, and
stated that the Court will only proceed to schedule a pretrial conference and trial date
once it is convinced that the parties have made a good faith effort to resolve this business
dispute. (Dkt. 59 at 12–13.) The Court advised the parties “that failure to comply with
trial rules and procedures will not be tolerated and may result in sanctions including
dismissal.” (Id. at 12.) After receiving a request from Defendants to “alter or amend” the
Court’s decision on summary judgment which also failed to follow court rules and
procedures, the Court “reiterate[d] to counsel that further failure to comply with the
Court’s orders, local rules, and trial rules and procedures, will not be tolerated and may
result in sanctions, including dismissal or entry of default.” (Dkt. 64 at 3.)
To put it mildly, the Court-ordered settlement proceedings did not go well, and
Judge Spaeth became concerned that the parties did not participate in good faith.
Accordingly, Judge Spaeth issued an Order to Show Cause re: Contempt of Court and
Sanctions (Dkt. 68), and this Court stated that it would determine what action it would
take after the contempt proceedings before Judge Spaeth concluded. (Dkt. 71.)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 17-00768-CJC(ADSx)

Date: February 19, 2020
Page 2

Judge Spaeth ordered multiple rounds of briefing (based on the parties’ apparent
failures to fully respond to her orders) and held multiple hearings, and has concluded,
among other things, that Defendant William Redfern and his counsel, Al Mohajerian,
“repeatedly failed to obey court orders and needlessly increased the cost of litigation and
burden on the Court by filing briefs and declarations that did not directly respond to the
court’s orders,” and failing to appear for court proceedings without sufficient
justification. (Dkt. 91 at 15–17.)
Judge Spaeth has now certified to this Court the following issues:
1. Whether Mr. Redfern should be held in contempt or sanctioned,
2. Whether Mr. Mohajerian, should be held in contempt or sanctioned, and
3. What sanctions should be imposed, if any.
(Id. at 1–2.)
Defendant William Redfern and his counsel Al Mohajerian are hereby
ORDERED TO SHOW CAUSE why they should not be held in contempt or sanctioned
for “repeatedly fail[ing] to obey court orders and needlessly increas[ing] the cost of
litigation and burden on the Court by filing briefs and declarations that did not directly
respond to the court’s orders,” failing to appear for court proceedings without sufficient
justification, (see Dkt. 91 at 15–17), and the other actions described in Judge Spaeth’s
order, especially in light of this Court’s multiple admonitions that failure to follow court
rules, orders, and procedures will result in sanctions including dismissal (Dkt. 59 at 12;
Dkt. 64 at 3).
Mr. Redfern and Mr. Mohajerian are DIRECTED to file a written response or
written responses to this order to show cause by February 28, 2020. Plaintiffs shall
submit any written opposition to the response(s) by March 6, 2020. A hearing on this
order to show cause is scheduled for March 16, 2020 at 1:30 p.m. in the First Street
United States Courthouse, Courtroom 7C, 350 W. 1st Street, Los Angeles, CA 90012.
cb
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk GGA