Bergman et al v. Tobin et al
ORDER to SHOW CAUSE WHY MICHAEL TOBIN, HOLLY TOBIN, BOB VANELLA, DAVID COOK AND CHERLY L. TUCK-SMITH SHOULD NOT BE SANCTIONED signed by District Judge Lawrence J. O'Neill on November 20, 2013. (Munoz, I)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LEIF BERGMAN, et al.,
CASE NO. CV F 11-1866 LJO GSA
ORDER TO SHOW CAUSE WHY MICHAEL
TOBIN, HOLLY TOBIN, BOB VANELLA,
DAVID COOK AND CHERLY L. TUCKSMITH SHOULD NOT BE SANCTIONED
MICHAEL P. TOBIN, et al.,
AND RELATE COUNTERACTION.
This Court’s August 19, 2013 order required the parties, no later than November 19,
2013, to file papers to dismiss or conclude this action in its entirety, or to show good cause
why the action has not been dismissed. Michael Dini ("Mr. Dini"), counsel for plaintiffs Leif
Bergman and Bergman Landscape, Inc. filed his declaration to indicate that defendants
Michael Tobin and Holly Tobin and their counsel David Cook and defendant Bob Vanella and
his counsel Cheryl L. Tuck-Smith have failed to sign settlement papers and/or delayed
completion of settlement. Based on the record, this Court concludes that Michael Tobin, Holly
Tobin, David Cook, Bob Vanella, and Cheryl L. Tuck-Smith have disobeyed the August 19,
2013 order and are subject to sanctions.
This Court’s Local Rule 11-110 provides that failure to comply with an order of this
Court “may be grounds for imposition by the Court of any and all sanctions authorized by
statute or Rule or within the inherent power of the Court.”
Accordingly, this Court ORDERS Michael Tobin, Holly Tobin, David Cook, Bob
Vanella, and Cheryl L. Tuck-Smith, no later than November 25, 2013, to file papers to show
cause why sanctions should not be imposed on them for disobedience of the August 19, 2013
order. This Court contemplates to impose a $1,000 sanction on each of them. This order to
show cause will be deemed discharged, if no later than November 25, 2013, the parties file
papers to dismiss or conclude this action in its entirety.
This Court FURTHER ORDERS Mr. Dini to serve a copy of this order on David Cook
and Cheryl L. Tuck-Smith.
This Court ADMONISHES the parties and counsel that they must observe and comply
with the Federal Rules of Civil Procedure and this Court’s Local Rules and orders and are
subject to sanctions as this Court deems appropriate.
IT IS SO ORDERED.
/s/ Lawrence J. O’Neill
November 20, 2013
UNITED STATES DISTRICT JUDGE
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