Osei v. Countrywide Home Loans et al

Filing 41

ORDER signed by Senior Judge Lawrence K. Karlton on 12/9/2009 ORDERING 39 Counsel for plaintiff will be SANCTIONED to pay defendants' attorneys fees for appearing at the scheduled 11/16/2009 status conference. Defendants are ORDERED to file within 14 days of the issuance of this order an affidavit stating the attorney's fees incurred by the failure of plaintiff's counsel to appear at the status conference. (Reader, L)

1 2 3 4 5 6 7 PATRICK OSEI, 8 NO. CIV. S-09-1981 LKK/JFM 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 / On November 18, 2009, the court ordered counsel for plaintiffs to show cause why sanctions, including paying defendants' attorneys fees, should not issue for failure to appear at the scheduling conference. See Doc. No. 39. Counsel responded to the order to Counsel's v. COUNTRYWIDE HOME LOANS; LENDING 1st MORTGAGE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DELTA MORTGAGE & REAL ESTATE; JEFFREY ALAN PELLETIER; JEFFREY PAUL OLSON; JEFF BRYAN DELORA; and DOES1-20, inclusive, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ORDER

show cause on November 30, 2009. See Doc. No. 40.

argument is that he accidentally deleted the scheduling conference from his electronic calendar. This circumstance does not constitute good cause. Accordingly, the court orders as follows: 1

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

(1)

Counsel

for

plaintiff attorneys

will fees

be for

SANCTIONED appearing

to at

pay the

defendants'

scheduled November 16, 2009 status conference. (2) Defendants are ordered to file within fourteen (14) days1 of the issuance of this order an affidavit stating the attorney's fees incurred by the failure of plaintiff's counsel to appear at the status conference. These

affidavit should only state the amount of fees to attend the conference, and not any fees incurred to prepare for the conference or to draft their status report. (3) Plaintiff may file an opposition, if any, to defendants' affidavit within twenty-eight (28) days of the issuance of this order. (4) Upon receipt of the affidavit and opposition, if any, the court will issue a further order concerning the amount of fees owed by plaintiff's counsel to

defendants. IT IS SO ORDERED. DATED: December 9, 2009.

The court advises parties to refer to the revised Federal Rule of Civil Procedure 6, which took effect on December 1, 2009, in calculating the deadlines for the submission of their filings. 2

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