Kreiss v. Falzone Associates
ORDER IMPOSING A SANCTION signed by Judge Garland E. Burrell, Jr on 9/16/09: Plaintiff's attorney Nicholas J. Bontrager and/or Krohn & Moss, Ltd., is sanctioned four hundred dollars ($400.00) for failure to timely file a status report. This sanction shall be paid to the Clerk of this Court within ten (10) days from the date on which this Order is filed. (Kaminski, H)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff and her lawyer were issued an Order to Show Cause ("OSC") on June 24, 2009, which required them to explain why sanctions should not be imposed since Plaintiff failed to file a timely status report. On July 8, 2009, Plaintiff's counsel filed a response to the MELISSA KREISS, Plaintiff, v. FALZONE ASSOCIATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-00387-GEB-DAD IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER IMPOSING A SANCTION
OSC, in which he states: Due to an inadvertent oversight in Plaintiff's attorneys' case management program, the internal notification to conference with Defendant pursuant to Fed.R.Civ.P 26(f) and to file the parties' Joint Status Report was missed, resulting in Plaintiff's inadvertent failure to initiate the Fed.R.Civ.P. 26(f) conference and file a Joint status report. Accordingly, Plaintiff's attorneys did not intentionally disregard this Court's Order requiring the filing of a Joint Status Report
within fourteen (14) days of the status conference previously scheduled for June 29, 2009. (Pl.'s Resp. 2:14-21.)
3 The June 24, 2009 OSC also required a status report be filed 4 no later than fourteen days prior to the now scheduled September 28, 5 2009 status conference. 6 status report. 7 a procedure designed to assist counsel comply with court deadlines. 8 9 10 11 12 13 14 Dela Rosa v. Scottsdale Memorial Health Systems, Inc., 136 F.3d 1241, 15 1244 (9th Cir. 1998). 16 Plaintiff's counsel should also know that "[a] scheduling 17 order is not a frivolous piece of paper, idly entered, which can be 18 cavalierly disregarded by counsel without peril . . . . Disregard of 19 the order would undermine the court's ability to control its docket 20 . . . and reward the indolent and the cavalier." 21 Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992) (internal 22 citation and quotations omitted); see also Ayers v. City of Richmond, 23 895 F.2d 1267, 1270 (9th Cir. 1990) (affirming sanction of lawyer for 24 failure to attend a settlement conference because "the date `slipped 25 by him'") (emphasis added). 26 much more smoothly when attorneys who practice in this court follow 27 28 2 "The cogs of the wheel of justice move Johnson v. Mammoth It is certainly understandable that attorneys frequently choose to delegate [calendaring filing dates] to paralegals or other associates, leaving to them the task of reading and complying with the applicable rules [and orders] of court. But it should never be forgotten that the attorney of record is ultimately responsible for [timely filing documents]. It is therefore the professional duty of the attorney of record to ensure through proper supervision that all [documents are filed when due]. It appears Plaintiff's counsel does not have in place Plaintiff has not yet filed the required
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the rules of practice and procedure . . . ." 1244.
Dela Rosa, 136 F.3d at
Since Plaintiff's counsel failed to file a timely status report, and the response of Plaintiff's attorney to the OSC is insufficient to avoid imposition of a sanction, a sanction will be imposed. Therefore, Plaintiff's attorney Nicholas J. Bontrager and/or
Krohn & Moss, Ltd., is sanctioned four hundred dollars ($400.00) for failure to timely file a status report. This sanction shall be paid
to the Clerk of this Court within ten (10) days from the date on which this Order is filed by a check made payable to the "United States Treasury." Proof of payment shall be sent to the undersigned judge's This sanction is personal
chambers within five (5) days of payment.
to counsel or his law firm and shall not be transmitted to counsel's client. Dated: September 16, 2009
GARLAND E. BURRELL, JR. United States District Judge
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