Vogel v. PNS Stores, Inc., et al.
ORDER DENYING REQUEST TO REPEAL SANCTIONS (ECF NO. 23 ), signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Lafata, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-00204-DAD-MJS
ORDER DENYING REQUEST TO REPEAL
(ECF NO. 23)
PNS STORES, INC., et al.,
On November 17, 2016, the parties appeared before the Court for a scheduling
conference and advised the Court that they had reached agreement to settle the matter
in its entirety. (See ECF Nos. 19, 20.) The parties were ordered to submit dispositive
documents within sixty days. (Id.) The sixty day deadline passed without the parties
submitting said documents or seeking an extension of time to do so. Accordingly, on
February 28, 2017, the Court ordered the parties to show cause, within fourteen days,
why sanctions should not be imposed. (ECF No. 21.) The parties did not respond to the
order to show cause. To date, dispositive documents have not been filed.
On March 15, 2017, the Court imposed monetary sanctions in the amount of $250
each on counsel for the parties. (ECF No. 22.) On April 5, 2017, Counsel for Defendant
PNS Stores, Inc. filed a declaration asking that sanctions as to his client be repealed.
(ECF No. 23.) He states that he has diligently followed up with Plaintiff’s counsel and
that his client has complied with the terms of the settlement. He attributes the failure to
comply with the Court’s deadline to “unfortunate oversight.”
This Court charged all parties with responsibility for filing dispositional documents
and, later, ordered all parties to show cause why sanctions should not be imposed.
Counsel for PNS Store, Inc., did not respond to either order. Defendant’s compliance
with the settlement agreement does not excuse the failure to apprise the Court of the
status of this case, seek an extension of time to file dispositional documents if
necessary, or show cause when ordered to do so.
Accordingly, the request to repeal sanctions is HEREBY DENIED.
IT IS SO ORDERED.
April 14, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?