Smith v. Allison et al

Filing 186

ORDER GRANTING Defendants' 167 Motion for Court Intervention and DISCHARGING 168 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 4/5/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER
SMITH,
Plaintiff,

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Case No. 1:10-cv-01814-DAD-JLT (PC)
ORDER GRANTING DEFENDANTS’ MOTION
FOR COURT INTERVENTION AND
DISCHARGING ORDER TO SHOW CAUSE

v.
(Docs. 167, 168)
ALLISON, et al.,
Defendants.

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On February 16, 2016, defense counsel filed a motion seeking court intervention directing
Plaintiff, Lawrence Christopher Smith, to cease his inappropriate and sexually harassing conduct
towards her. (Doc. 167.) In response, on February 18, 2016, the Court ordered Plaintiff to show
cause should not be dismissed with prejudice because of his sexual harassment of defense
counsel. (Doc. 168.)
On April 4, 2016, Plaintiff’s filed written opposition to a pending defense discovery
motion. (Doc. 184.) In it, Plaintiff responded to the OSC as well. (Id. at 4-5) Plaintiff
apologized for his conduct and admitted to not having conformed his conduct to that expected in
legal proceedings. (Id.)
The Court notes that Plaintiff has no history of filing any other civil actions in this or any

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other Federal District Court in the State of California. Thus, the Court is unaware of any other
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such offensive conduct by Plaintiff. It appears that Plaintiff is contrite. However, the Court

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cannot warn Plaintiff strongly enough that any further behavior by him that is directed at

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opposing counsel or that occurs in counsel’s presence that is demeaning, sexually harassing

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or provocative WILL NOT be tolerated. The Court WILL address any further such

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behavior by issuing severe sanctions, up to and including termination of this action.

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Accordingly, the Court ORDERS:
1. Defendants’ motion for court intervention, filed on February 16, 2016 (Doc. 167),

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is GRANTED;

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2. Plaintiff SHALL NOT engage in any further behavior toward or around

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opposing counsel (the current assigned attorney or attorney substituted in her

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place) that is inappropriate, demeaning, and/or sexually harassing or provocative;

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and
3. the Order to Show Cause, issued on February 18, 2016 (Doc. 168), is

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DISCHARGED.

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IT IS SO ORDERED.
Dated:

April 5, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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