Weil v. Raisin City Elementary School District, et al.

Filing 109

ORDER DISCHARGING ORDER TO SHOW CAUSE, signed by Magistrate Judge Stanley A. Boone on 06/03/2024. IT IS ORDERED that the May 28, 2024 order to show cause is HEREBY DISCHARGED. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRENDA J. WEIL,

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Plaintiff,
v.

Case No. 1:21-cv-00500-JLT-EPG
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(ECF No. 105, 106)

RAISIN CITY ELEMENTARY SCHOOL
DISTRICT,
Defendant.

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A settlement conference was held in this action on May 28, 2024. Well before the

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settlement conference concluded, Karri Benson, an insurance representative appearing on behalf

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of Keenan for the Defendant, left without authorization or approval. The Court instructed counsel

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for Defendant, Susan Hatmaker, to contact Ms. Benson to return. Counsel informed the Court she

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attempted to contact Ms. Benson via telephone but she did not receive a response prior to the

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conclusion of the settlement conference.

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On May 28, 2024, the Court ordered Ms. Benson to show cause in writing why monetary

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sanctions should not be imposed for leaving the settlement conference without authorization.

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(ECF No. 105.) On May 31, 2024, Ms. Benson filed a response to the order to show cause. (ECF

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No. 106.) The Court notes Ms. Benson failed to address the fact that counsel for Defendant

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attempted to reach Ms. Benson via telephone and text message while the settlement conference
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was ongoing. The Court finds Ms. Benson’s failure to pick up her phone or respond to texts to be

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almost willful conduct. Given her response to the order to show case, it appears likely permission

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to leave the conference would have been granted and the time spent attempting to contact Ms.

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Benson and issuing the order to show cause could have been avoided. Ms. Benson is instructed

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that for future conferences, she should not leave until she has received permission from the Judge

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to do so. The Court shall discharge the May 28, 2024 order.

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Accordingly, IT IS ORDERED that the May 28, 2024 order to show cause is HEREBY
DISCHARGED.

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IT IS SO ORDERED.
Dated:

June 3, 2024
UNITED STATES MAGISTRATE JUDGE

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