Williams v. Harrington et al

Filing 69

ORDER DISCHARGING 67 Order to Show Cause re: Sanctions signed by Magistrate Judge Dennis L. Beck on 7/17/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARCUS R. WILLIAMS,

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Case No. 1:12-cv-00226 LJO DLB PC

Plaintiff,

ORDER DISCHARGING ORDER TO
SHOW CAUSE RE: SANCTIONS

v.
[ECF No. 67]

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KELLY HARRINGTON, et al.,
Defendants.

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Plaintiff Marcus R. Williams is a prisoner proceeding pro se and in forma pauperis in this

19 civil rights action.
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On January 20, 2015, the Court issued an order granting Plaintiff’s motions to compel

21 and ordering Defendants to respond within thirty days to Plaintiff’s first set of discovery requests
22 which were served on March 19, 2014. On March 6, 2015, Plaintiff filed a motion to compel.
23 Defendants did not file an opposition. Plaintiff stated that Defendants failed to respond to his
24 first set of discovery requests as ordered by the Court. On April 22, 2015, the Court issued an
25 order directing Defendants to show cause why sanctions should not be imposed for failure to
26 comply with a court order.
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On July 10, 2015, Defendants filed a response to the order to show cause. Monica N.

28 Anderson, as Counsel for Defendants, filed a declaration stating former Counsel Kelli M.

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1 Hammond has been out on extended medical leave. Ms. Anderson states she is Ms. Hammond’s
2 supervisor, and she recently became aware of outstanding discovery issues when reviewing the
3 status of Ms. Hammond’s cases. Ms. Anderson states she does not know why a response was not
4 made with respect to the Court’s order to show cause; however, she states Ms. Hammond served
5 responses to all of Plaintiff’s outstanding discovery requests on April 24, 2015. Ms. Anderson
6 requests that the Court not sanction Counsel, the Office of the Attorney General, or Defendants.
In light of Ms. Hammond’s extended medical leave and the fact that all of Plaintiff’s

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8 discovery requests have been responded to, the Court hereby DISCHARGES the order to show
9 cause.
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Nevertheless, the Court notes that it has already found it necessary in this case to issue

11 two orders to show cause as a result of Defendants’ failures to comply with Court deadlines. The
12 Court cautions Counsel for Defendants that any failure to comply with deadlines in the future
13 will not be tolerated.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

July 17, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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