United States of America v. Uptergrove et al

Filing 88

ORDER Granting Plaintiff's Motion for Award of Monetary Sanctions 77 signed by Magistrate Judge Gary S. Austin on 01/31/2008. Sanctions due by 3/3/2008.(Flores, E)

United States of America v. Uptergrove et al

Doc. 88

1 2 3 4 5 6 7 8 9 10

1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff,

CASE NO. 1:06-CV-1630-AWI-GSA ORDER GRANTING PLAINTIFF'S MOTION FOR AWARD OF MONETARY SANCTIONS (Doc. 77)

vs. 11 12 CHARLES WAYNE UPTERGROVE, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
On December 27, 2007, Defendant Charles W a yn e Uptergrove filed a letter wherein he asserted that he refused th e Court's order granting Plaintiff's motion for reasonable attorney fees. Attached to the letter was a Declaration in Support o f Letter and Notice of Dismissal. (Doc. 76). On January 10, 2007, an order was issued indicating that to the extent that the le t t e r was a request for dismissal, that request was denied. (Doc. 79). Defendant Charles Uptergrove filed two additional le t te r s on January 15, 2008 (Doc. 84) and January 16, 2008 (Doc. 85) respectively. The court ordered that the two letters b e stricken from the record. (Docs. 85 and 86).
1

/ On December 18, 2007, the Court issued an order granting Plaintiff's motion for reasonable attorney fees and costs associated with bringing Plaintiff's Motion to Compel, as well as for reasonable expenses incurred in appearing for Defendants' depositions. (Doc. 75).1 On January 2, 2008, Plaintiff submitted a declaration indicating that the United States incurred $1,597.81 in expenses related to the taking of the depositions in which Defendants failed to appear. (Doc. 77).

/// ///

1

Dockets.Justia.com

1 2 3 4 5 6 7 8

/// Having considered the record, Plaintiff's motion for expenses is reasonable and is hereby GRANTED. Defendants are ORDERED to pay the United States Department of Justice the sum of $ 1,597.81 within 30 DAYS of the date of this Order. Defendant is advised that failure to comply with the order may result in additional sanctions including but no limited to contempt or default judgment.

IT IS SO ORDERED. Dated: 60kij8

January 31, 2008

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2