Natomas Gardens Investment Group LLC et al v. Sinadinos et al

Filing 380

ORDER signed by Judge Lawrence K. Karlton on 4/26/12: Jason W. Burgess, counsel for counter-claimaint Larry Deane, is ordered to PAY SANCTIONS in the amount $150 to the Clerk of this Court within ten (10) days from the effective date of this ord er. Deane's counter-claim against Solorio is DISMISSED WITHOUT PREJUDICE. Solorio's request for lost wages is DENIED. Solorio's request for costs is DENIED without prejudice to a properly supported submission under the local rules. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATOMAS GARDENS INVESTMENT
GROUP LLC, a California
limited liability company,
ORCHARD PARK DEVELOPMENT
LLC, a California limited
liability company,
NO. CIV. S-08-2308 LKK/EFB

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Plaintiffs,
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v.

O R D E R

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JOHN G. SINADINOS, et al.,
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Defendants.

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/
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I.

VOLUNTARY DISMISSAL
Counter-plaintiff Larry Deane requests a dismissal without

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prejudice of his counter-claim against Eric Solorio.

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requests that the counter-claim be dismissed “with prejudice,” and

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that he be awarded costs and “lost wages.”

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generally grant a party’s request to dismiss his own claims,

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voluntarily and without prejudice, so long as there is no “plain

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legal prejudice” to other parties.
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Solorio

The court will

See Smith v. Lenches, 263 F.3d

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972, 975 (9th Cir. 2001).

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accordingly

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pursuant to Fed. R. Civ. P. 41(a)(2).

the

action

No such prejudice is shown here, and

will

be

dismissed

without

prejudice,

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However, counter-defendant has defended against the counter-

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claim at least by filing an Answer, and is entitled to payment of

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his costs and fees upon filing of a proper cost bill after

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dismissal. See Westlands Water Dist. v. U.S., 100 F.3d 94, 97 (9th

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Cir. 1996).

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II.

ORDER TO SHOW CAUSE

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Counsel for the moving party, counter-plaintiff Larry Deane

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failed to appear for the previously scheduled hearing on the

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voluntary dismissal motion.

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cause why he should not be sanctioned $150 for failing to appear

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at the hearing on his own noticed motion.

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counsel’s

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concludes that the $150 sanction is warranted.

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III. CONCLUSION

submission

The court ordered counsel to show

explaining

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1.

failure

to

appear,

and

For the reasons stated above:

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his

The court has reviewed

Jason W. Burgess, counsel for counter-claimaint Larry

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Deane, is ordered to PAY SANCTIONS in the amount $150 to the Clerk

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of this Court within ten (10) days from the effective date of this

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order.

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indicating that said sanction is paid personally by counsel, out

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of personal funds, and is not to be billed, directly or indirectly,

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to the client or in any way made the responsibility of the client.

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////

Counsel shall also file with the court an affidavit

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2.

Deane’s

counter-claim

against

Solorio

is

DISMISSED

WITHOUT PREJUDICE.

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3.

Solorio's request for lost wages is DENIED; and

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4.

Solorio's request for costs is DENIED without prejudice

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to a properly supported submission under the local rules.

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Local Rule 292.

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IT IS SO ORDERED.

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DATED:

April 26, 2012.

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See