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