Vogel v. PNS Stores, Inc., et al.

Filing 24

ORDER DENYING REQUEST TO REPEAL SANCTIONS (ECF NO. 23 ), signed by Magistrate Judge Michael J. Seng on 4/14/2017. (Lafata, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARTIN VOGEL,
Plaintiffs,

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Case No. 1:16-cv-00204-DAD-MJS
ORDER DENYING REQUEST TO REPEAL
SANCTIONS

v.
(ECF NO. 23)

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PNS STORES, INC., et al.,
Defendants.

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On November 17, 2016, the parties appeared before the Court for a scheduling

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conference and advised the Court that they had reached agreement to settle the matter

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in its entirety. (See ECF Nos. 19, 20.) The parties were ordered to submit dispositive

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documents within sixty days. (Id.) The sixty day deadline passed without the parties

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submitting said documents or seeking an extension of time to do so. Accordingly, on

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February 28, 2017, the Court ordered the parties to show cause, within fourteen days,

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why sanctions should not be imposed. (ECF No. 21.) The parties did not respond to the

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order to show cause. To date, dispositive documents have not been filed.

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On March 15, 2017, the Court imposed monetary sanctions in the amount of $250

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each on counsel for the parties. (ECF No. 22.) On April 5, 2017, Counsel for Defendant

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PNS Stores, Inc. filed a declaration asking that sanctions as to his client be repealed.

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(ECF No. 23.) He states that he has diligently followed up with Plaintiff’s counsel and

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that his client has complied with the terms of the settlement. He attributes the failure to

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comply with the Court’s deadline to “unfortunate oversight.”

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This Court charged all parties with responsibility for filing dispositional documents

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and, later, ordered all parties to show cause why sanctions should not be imposed.

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Counsel for PNS Store, Inc., did not respond to either order. Defendant’s compliance

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with the settlement agreement does not excuse the failure to apprise the Court of the

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status of this case, seek an extension of time to file dispositional documents if

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necessary, or show cause when ordered to do so.

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Accordingly, the request to repeal sanctions is HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

April 14, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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