Winters, et al v. Jordan, et al

Filing 333

ORDER signed by Magistrate Judge Kendall J. Newman on 03/26/12 ORDERING that attorney David S. Silber is SANCTIONED in amount of $250, payable to the Clerk of this court within 30 days of the date of this order. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT ALLAN WINTERS, et al.,

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Plaintiffs,

No. 2:09-cv-00522 JAM KJN PS

v.
DELORES JORDAN, et al.,

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Defendant.

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ORDER
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On March 16, 2012, the court ordered attorney and former defendant David S.

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Silber to show cause why he should not be sanctioned at least $500 for his numerous failures to

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comply with the court’s orders and diligently represent his clients’ interests in this litigation.1

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(See Order to Show Cause (“OSC”), Dkt. No. 329.) Mr. Silber’s failures are recounted in detail

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in the OSC and are not repeated here. Mr. Silber filed a timely, thorough, and contrite response

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to the OSC, which takes the form of a declaration signed under penalty of perjury. (Silber Decl.,

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Dkt. No. 332.)

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In light of Mr. Silber’s repeated failures, but also in light of his contrition, the

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undersigned finds it appropriate to impose monetary sanctions on Mr. Silber in the amount of

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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$250, payable to the court. Mr. Silber agrees that this is an appropriate sanction for his conduct.

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(See Silber Decl. ¶ 18.) The undersigned hopes that these sanctions will compel Mr. Silber to

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take steps, as promised in his declaration, to better manage his clients’ interests in this litigation

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and to meet his obligations to the court.

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Accordingly, IT IS HEREBY ORDERED that attorney David S. Silber is

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sanctioned in amount of $250, payable to the Clerk of this court within 30 days of the date of this

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order.

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IT IS SO ORDERED.
DATED: March 26, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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