Passport Health, Inc. v. Travel Med Inc. et al

Filing 23

ORDER signed by Judge Garland E. Burrell, Jr on 10/6/09 ORDERING that Plaintiff's attorney JENNIFER M. LANTZ and/or HAYNES AND BOONE, LLP, is sanctioned four hundred fifty dollars ($450.00) for failure to timely file a status report. This s anction 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 judges chambers within five (5) days of payment. This sanction is personal to counsel or her law firm and shall not be transmitted to counsel's client. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 Counter-Claimants, 21 22 23 24 25 26 27 28 v. PASSPORT HEALTH, INC., a Maryland Corporation, Counter- Claim Defendant. TRAVEL MED, INC., a California Corporation; GINA FLAHARTY, an individual and citizen of the State of California, PASSPORT HEALTH, INC., a Maryland Corporation, Plaintiff, v. TRAVEL MED, INC., a California Corporation; GINA FLAHARTY, an individual and citizen of the State of California, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-01753-GEB-JFM ORDER IMPOSING A SANCTION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff's lawyer was issued an Order to Show Cause ("OSC") in an order filed September 18, 2009. The OSC was issued because

Plaintiff failed to file a status report "with the court not later than fourteen (14) days prior to the [September 21, 2009] scheduling 1

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conference" as required in the Order Setting Status (Pretrial Scheduling Conference), filed on June 25, 2009. Plaintiff's counsel

indicates this language confused her about the deadline for the status report. The language is clear, and Plaintiff's counsel should confess

her error rather than wasting time with such an untenable contention. Plaintiff failed to file a timely status report and waited until after the status report was due to seek a continuance of the filing deadline. Plaintiff's counsel states she assumed her continuance

request would change the date on which Plaintiff's status report was due, even though the status report was required to have been filed before Plaintiff's counsel filed her continuance request. response to the OSC is poppycock. Plaintiff's counsel should know that "[a] scheduling order is not a frivolous piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril . . . . Disregard of Plaintiff's

the order would undermine the court's ability to control its docket . . . and reward the indolent and the cavalier." Johnson v. Mammoth

Recreations, Inc. 975 F.2d 604, 610 (9th Cir. 1992) (internal citation and quotations omitted); see also Ayers v. City of Richmond, 895 F.2d 1267, 1270 (9th Cir. 1990) (affirming sanction of lawyer for failure to attend a settlement conference because "the date `slipped by him'") (emphasis added). "The cogs of the wheel of justice move much more

smoothly when attorneys who practice in this court follow the rules of practice and procedure . . . ." Dela Rosa v. Scottsdale Memorial

Health Systems, Inc., 136 F.3d 1241, 1244 (9th Cir. 1998). Since Plaintiff's counsel failed to file a timely status report, and the response of Plaintiff's attorney JENNIFER M. LANTZ and/or HAYNES AND BOONE, LLP to the OSC is insufficient to avoid 2

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imposition of a sanction, a sanction will be imposed.

Therefore,

Plaintiff's attorney JENNIFER M. LANTZ and/or HAYNES AND BOONE, LLP, is sanctioned four hundred fifty dollars ($450.00) 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 chambers within five (5) days of payment. This sanction is personal

to counsel or her law firm and shall not be transmitted to counsel's client. Dated: October 6, 2009

GARLAND E. BURRELL, JR. United States District Judge

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