Avila, et al., v. Olivera Egg Ranch,LLC

Filing 343

ORDER signed by Judge John A. Mendez on 8/9/2011 re 291 ORDERING that Defendant is ordered to pay Plaintiffs a monetary sanction in the amount of $25,000. Payment shall be made within thirty (30) days of this Order. (Duong, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GLORIA AVILA, et al.,

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Plaintiffs,
v.
OLIVERA EGG RANCH, LLC,

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Defendant.

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Case No. S:08-CV-2488 JAM-KJN
ORDER – SANCTIONS FOR LATE
PRODUCTION OF DOCUMENTS

Defendant failed to produce certain discoverable documents to

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Plaintiffs in a timely manner.

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sanctions (Doc. #291) which was opposed by Defendant.

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day of trial, the Court granted Plaintiffs’ motion for sanctions

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and ordered Defendant to pay monetary sanctions.

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monetary sanctions was to be determined by the Court after

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receiving further information from Plaintiffs’ counsel as to the

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amount of reasonable attorneys’ fees that were incurred in bringing

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the motion for sanctions.

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Plaintiffs filed a motion for
On the first

The amount of

Plaintiffs submitted this information to the Court on June 13,
2011 (Doc. #338).

Plaintiffs requested that sanctions be imposed
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in the amount of $43,450.

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#340) and asked the Court to deny Plaintiffs’ request for

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attorneys’ fees or only award monetary sanctions in the amount of

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$10,000 to $15,000.

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P. Schratz in support of its opposition (Doc. #340-1).

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filed a reply to Defendant’s opposition (Doc. #341).

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Defendant opposed this request (Doc.

Defendant submitted the Declaration of James
Plaintiffs

The Court having considered the arguments of counsel, hereby

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reaffirms its previous order that Defendant shall pay a monetary

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sanction for its discovery violation.

The Court finds that

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Plaintiffs’ request for $43,450 is excessive.

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the motions for sanctions included tasks that were unnecessary,

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duplicative, and contained a few unexplained discrepancies.

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other hand, Defendant has not provided any basis for Mr. Schratz’s

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conclusion that Plaintiffs should only be awarded fees in the range

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of $10,000 to $15,000.

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Defendant shall pay Plaintiffs their reasonable attorneys’ fees

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incurred in bringing the motion for sanctions.

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Defendant is ordered to pay Plaintiffs a monetary sanction in the

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amount of $25,000.

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of this Order.

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Plaintiffs’ fees on

On the

The Court reaffirms its previous Order that

Accordingly,

Payment shall be made within thirty (30) days

IT IS SO ORDERED.
Dated: August 9, 2011

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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