Johnson v. Runnels et al

Filing 201

ORDER signed by District Judge Kimberly J. Mueller on 8/8/11 ORDERING the court hereby DISCHARGES the order to show cause 188 . (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BYRON EUGENE JOHNSON,
Plaintiff,

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vs.

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No. CIV S-05-2123 KJM-EFB P

DAVID L. RUNNELS, et al.,
Defendants.

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ORDER
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On June 27, 2011, the court ordered defense counsel, Phillip L. Arthur, to show

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cause why he should not be sanctioned for the contents of a conversation he had on April 13,

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2011 with plaintiff’s anticipated witness, Van M. Washington. (ECF 188.) Mr. Arthur

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responded to the order on July 8, 2011 (ECF 189) and the court held a hearing on the matter on

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August 3, 2011 at which Mr. Arthur and his supervisor, Monica Anderson, were present. While

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the court does not find Mr. Arthur’s written response to the order particularly satisfactory, and

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does not approve the attempt to explain the conversation with Mr. Washington as reflecting

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merely a “poor choice of words,” the court is substantially satisfied by Mr. Arthur’s response to

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questions at hearing describing how he would respond differently if confronted with the same

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situation today.

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Accordingly, the court hereby DISCHARGES the order to show cause.

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IT IS SO ORDERED.

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DATED: August 8, 2011.

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UNITED STATES DISTRICT JUDGE
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