National Interstate Ins. Co. v. Mike Tamana Freight Lines, LLC., et al.

Filing 25

ORDER REQUIRING Parties to Pay Sanctions of $100 Per Day, signed by Magistrate Judge Stanley A. Boone on May 9, 2022. Parties shall pay the Clerk of the Court $100.00 per day, beginning on May 9, 2022, until the parties file dispositional documents or otherwise respond to the Court's April 15, 2022 order. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATIONAL INTERSTATE INSURANCE
COMPANY,
Plaintiff,

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Case No. 1:20-cv-01829-DAD-SAB
ORDER REQUIRING PARTIES TO PAY
SANCTIONS OF $100 PER DAY
(ECF No. 24)

v.
MIKE TAMANA FREIGHT LINES, LLC,
et al.,
Defendants.

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I.

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BACKGROUND

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On March 17, 2022, the parties submitted a notice of settlement. (ECF No. 20.) On

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March 18, 2022, the Court issued an order vacating all matters and requiring the parties to file

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dispositional documents by April 7, 2022. (ECF No. 21.) As of April 7, 2022, the parties had not

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filed anything, and on April 11, 2022, the Court issued an order to show cause why monetary

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sanctions should not issue for the failure to comply with the Court’s orders. (ECF No. 22.) On

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April 15, 2022, based on the parties’ response, the Court discharged the order to show cause and

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ordered the parties to file dispositional documents on or before May 6, 2022. (ECF No. 24.) The

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order expressly stated that the failure to comply with the order would result in the imposition of

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sanctions. (Id. at 2.) The May 6, 2022 deadline has passed and the parties have filed no
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dispositional documents nor made any request for an extension of the deadline.

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II.

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LEGAL STANDARD

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The Federal Rules of Civil Procedure provides that the underlying purpose of the rules is

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to secure the just, speedy and inexpensive determination” of an action. Fed. R. Civ. P. 1. To

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effectuate this purpose, the rules provide for sanctions against parties that fail to comply with

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court orders or that unnecessarily multiply the proceedings. See, e.g., Fed. R. Civ. P. 16(f); Fed.

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R. Civ. P. 37(b). Rule 16(f) authorizes the Court to issue any just order if a party or attorney fails

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to obey a scheduling or other pretrial order.

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The Court also possesses inherent authority to impose sanctions to manage its own affairs

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so as to achieve the orderly and expeditious disposition of cases. Chambers v. NASCO, Inc., 501

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U.S. 32, 43 (1991). The Court’s inherent power is that which is necessary to the exercise of all

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others, including to protect the due and orderly administration of justice and maintain the

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authority and dignity of the Court. Roadway Exp., Inc. v. Piper, 447 U.S. 752, 764 (1980). In

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order to coerce a defendant to comply with the Court’s orders, the Court may issue sanctions for

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every day the defendant fails to respond to the Court’s orders to show cause. See Lasar v. Ford

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Motor Co., 399 F.3d 1101, 1110 (9th Cir. 2005) (discussing court’s authority to impose civil

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sanctions “intended to be remedial by coercing the defendant to do what he had refused to do.”).

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Similarly, the Local Rules of the Eastern District of California provide that “[f]ailure of

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counsel or of a party to comply with these Rules or with any order of the Court may be grounds

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for imposition by the Court of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.” E.D. Cal. L.R. 110. Further, “[i]n the event any attorney subject to

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these Rules engages in conduct that may warrant discipline or other sanctions, any Judge or

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Magistrate Judge may initiate proceedings for contempt under 18 U.S.C. § 401 or Fed. R. Crim.

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P. 42, or may, after reasonable notice and opportunity to show cause to the contrary, take any

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other appropriate disciplinary action against the attorney.” E.D. Cal. L.R. 184(a). “In addition to

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or in lieu of the foregoing, the Judge or Magistrate Judge may refer the matter to the disciplinary

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body of any Court before which the attorney has been admitted to practice.” Id.
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III.

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DISCUSSION

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Here, the parties have repeatedly failed to comply with the Court’s orders, most recently,

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the Court’s April 15, 2022 order requiring dispositional documents to be filed on or before May

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6, 2022. (ECF No. 24.) Given the express statement that sanctions would be imposed, the Court

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finds that monetary sanctions are appropriate to compel the parties to comply with this Court’s

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orders. Therefore, a daily sanction shall be imposed to compel the parties to comply. The parties

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shall pay a sanction of $100.00 for each day that the parties fail to file dispositional documents as

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ordered to do so. A $100.00 sanction shall be jointly and severally imposed on the parties on

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May 9, 2022, and shall continue to be imposed each day thereafter until dispositional documents

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or other filing addressing the Court’s April 15, 2022 order is filed.

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dispositional documents on May 9, 2022 will not relieve the parties of the sanction imposed on

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May 9, 2022. Further, the daily deadline shall expire at the close of business each day, 5:00 p.m.

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IV.

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ORDER

The parties’ filing of

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Based on the foregoing, IT IS HEREBY ORDERED that the parties shall pay the Clerk of

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the Court $100.00 per day, beginning on May 9, 2022, until the parties file dispositional

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documents or otherwise respond to the Court’s April 15, 2022 order.

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IT IS SO ORDERED.
Dated:

May 9, 2022
UNITED STATES MAGISTRATE JUDGE

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