Albert v. State Bar Of California

Filing 23

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 IN RE MOTION TO COMPEL LESLIE WESTMORELAND’S COMPLIANCE WITH NON-PARTY SUBPOENA, FILED BY STATE BAR OF CALIFORNIA 13 No. 1:22-mc-00043 JLT EPG ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE CONTEMPT (Doc. 22) 14 15 16 17 The State Bar of California (“the Bar”) filed this miscellaneous action to compel Leslie 18 Westmoreland’s compliance with a non-party subpoena. (Doc. 1.) After Westmoreland failed to 19 respond, the assigned magistrate judge ordered Westmoreland to comply with the subpoena. 20 (Doc. 14.) After Westmoreland failed to comply, the Bar moved the Court to find Westmoreland 21 in civil contempt for failure to comply with a court order and to award it nominal sanctions of $1. 22 (Doc. 16.) 23 After Westmoreland failed to respond to the Bar’s motion, the assigned magistrate judge 24 issued findings and recommendations on June 30, 2022, certifying the facts constituting a civil 25 contempt, see 28 U.S.C. § 636(e)(6), and recommending that Westmoreland be found in civil 26 contempt and that the Bar be awarded $1 as a sanction. (Doc. 22.) The findings and 27 recommendations were served upon Westmoreland, which included a notice that any objections 28 thereto were to be filed within twenty-one days of service. (Id. at 10.) No objections have been 1 1 2 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. 3 Having carefully reviewed the entire matter, the Court concludes the findings and 4 recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 5 1. 6 7 ADOPTED IN FULL. 2. 8 9 3. 4. Leslie Westmoreland is ordered to pay $1 as a sanction to the Bar within thirty days of service of this order. 5. 14 15 Leslie Westmoreland is held in civil contempt based on his failure to comply with the magistrate judge’s April 7, 2022, order. 12 13 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. 10 11 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. 6. The Bar is directed to file a brief status report with the Court within three days of 16 the payment of the sanction or the expiration of the deadline for payment, 17 whichever is sooner, indicating whether the case may again be closed or whether 18 any further proceedings are needed. 19 20 21 IT IS SO ORDERED. Dated: July 29, 2022 22 23 24 25 26 27 28 2

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