Albert v. State Bar Of California
Filing
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ORDER ADOPTING 22 Findings and Recommendations Re Contempt signed by District Judge Jennifer L. Thurston on 07/29/2022. Thirty-Day Deadline. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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IN RE MOTION TO COMPEL LESLIE
WESTMORELAND’S COMPLIANCE
WITH NON-PARTY SUBPOENA, FILED
BY STATE BAR OF CALIFORNIA
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No. 1:22-mc-00043 JLT EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RE CONTEMPT
(Doc. 22)
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The State Bar of California (“the Bar”) filed this miscellaneous action to compel Leslie
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Westmoreland’s compliance with a non-party subpoena. (Doc. 1.) After Westmoreland failed to
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respond, the assigned magistrate judge ordered Westmoreland to comply with the subpoena.
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(Doc. 14.) After Westmoreland failed to comply, the Bar moved the Court to find Westmoreland
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in civil contempt for failure to comply with a court order and to award it nominal sanctions of $1.
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(Doc. 16.)
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After Westmoreland failed to respond to the Bar’s motion, the assigned magistrate judge
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issued findings and recommendations on June 30, 2022, certifying the facts constituting a civil
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contempt, see 28 U.S.C. § 636(e)(6), and recommending that Westmoreland be found in civil
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contempt and that the Bar be awarded $1 as a sanction. (Doc. 22.) The findings and
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recommendations were served upon Westmoreland, which included a notice that any objections
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thereto were to be filed within twenty-one days of service. (Id. at 10.) No objections have been
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filed, and the time to do so has since expired.
According to 28 U.S.C. § 636 (b)(1)(C), the Court conducted a de novo review of the case.
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Having carefully reviewed the entire matter, the Court concludes the findings and
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recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:
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ADOPTED IN FULL.
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Leslie Westmoreland is ordered to pay $1 as a sanction to the Bar within thirty
days of service of this order.
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Leslie Westmoreland is held in civil contempt based on his failure to comply with
the magistrate judge’s April 7, 2022, order.
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The State Bar of California’s motion (Doc. 16) is GRANTED as to its request to
find Leslie Westmoreland in contempt and its request for sanctions.
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The findings and recommendations issued on June 30, 2022 (Doc. 22), are
The Clerk is directed to serve Leslie Westmoreland with a copy of this order at
4235 North College Avenue, Fresno, California 93704.
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The Bar is directed to file a brief status report with the Court within three days of
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the payment of the sanction or the expiration of the deadline for payment,
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whichever is sooner, indicating whether the case may again be closed or whether
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any further proceedings are needed.
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IT IS SO ORDERED.
Dated:
July 29, 2022
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