Collins v. Chesapeake Commons Holdings, LLC. et al

Filing 56

ORDER signed by Judge Kimberly J. Mueller on 1/28/13 ORDERING that counsel for defendant, J. Chauncey Hayes, is sanctioned in the amount of $500, payable to the Clerk of the Court within two weeks of this order.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA L. COLLINS,
Plaintiff,

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Civ. No. S-09-1816 KJM EFB

vs.
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ORDER
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CHESAPEAKE COMMONS
HOLDINGS, LLC, et al.,

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Defendants.
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On November 27, 2012, the court ordered counsel for defendant to show cause on

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or before January 11, 2013 why defendant should not be sanctioned, including with default

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judgment, for failure to obey the court’s order to file a joint status report. (ECF 54.) The court

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also ordered defendant to file a status report by January 11, 2013, as defendant did not

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participate in preparing the status report (ECF 52) filed by plaintiff. (Id.)
Defendant filed a response to the court’s order on January 17, 2013, six days after

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the deadline imposed by the court. (ECF 55.) Defendant explains that the parties began

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mediation in December 2011 and that plaintiff has not responded to defendant’s settlement offer

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made at that time. (Id.) Defendant stated it intends to file a motion for summary judgment

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before the end of January 2013 if it does not hear from plaintiff before then. (Id.)

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Defendant’s response does not explain how plaintiff’s lack of response to its

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settlement offer prevented defendant from participating in preparing a joint status report as

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ordered by the court. Moreover, defendant did not timely file his response to the court’s order to

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show cause. Accordingly, counsel for defendant, J. Chauncey Hayes, is sanctioned in the

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amount of $500, payable to the Clerk of the Court within two weeks of this order.

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IT IS SO ORDERED

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DATED: January 28, 2013.

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UNITED STATES DISTRICT JUDGE

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