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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT ALLAN WINTERS, et al., 11 12 13 Plaintiffs, No. 2:09-cv-00522 JAM KJN PS v. DELORES JORDAN, et al., 14 Defendant. 15 ORDER / 16 On March 16, 2012, the court ordered attorney and former defendant David S. 17 Silber to show cause why he should not be sanctioned at least $500 for his numerous failures to 18 comply with the court’s orders and diligently represent his clients’ interests in this litigation.1 19 (See Order to Show Cause (“OSC”), Dkt. No. 329.) Mr. Silber’s failures are recounted in detail 20 in the OSC and are not repeated here. Mr. Silber filed a timely, thorough, and contrite response 21 to the OSC, which takes the form of a declaration signed under penalty of perjury. (Silber Decl., 22 Dkt. No. 332.) 23 In light of Mr. Silber’s repeated failures, but also in light of his contrition, the 24 undersigned finds it appropriate to impose monetary sanctions on Mr. Silber in the amount of 25 1 26 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). 1 1 $250, payable to the court. Mr. Silber agrees that this is an appropriate sanction for his conduct. 2 (See Silber Decl. ¶ 18.) The undersigned hopes that these sanctions will compel Mr. Silber to 3 take steps, as promised in his declaration, to better manage his clients’ interests in this litigation 4 and to meet his obligations to the court. 5 Accordingly, IT IS HEREBY ORDERED that attorney David S. Silber is 6 sanctioned in amount of $250, payable to the Clerk of this court within 30 days of the date of this 7 order. 8 9 IT IS SO ORDERED. DATED: March 26, 2012 10 11 12 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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