Durand et al v. Stephenson et al

Filing 72

AMENDED ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/1/12 ORDERING that under Federal Rule of Civil Procedure 11(c)(4), the court finds a sanction requiring plaintiffs to pay $5,000. Plaintiffs shall accordingly pay to the Clerk of Court $5,000. Payment of said sum may be paid in monthly installments of $500 for ten months, with the first installment to be made no later than 10/31/2012. The Clerk is directed to serve a copy of this order on the court's financial department. Plaintiffs are cautioned that failure to comply with this order may result in contempt proceedings. (Kastilahn, 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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EDWIN DURAND, et al.,

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Plaintiffs,

No. 2:09-cv-2038 JAM CKD PS

vs.
CANDICE STEPHENSON, et al.,
Defendants.

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AMENDED ORDER
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The order entered on September 28, 2012 is amended as follows:

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By order filed September 29, 2010, the court determined that sanctions should be

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imposed on plaintiffs under Rule 11. Dkt. no. 42. That order did not make a determination of

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the amount of the sanctions, pending further briefing by the parties. Plaintiffs moved to

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reconsider the order finding Rule 11 sanctions to be appropriate. By order filed November 10,

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2010, the district judge denied the motion to reconsider. Dkt. no. 49. The amount of sanctions

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remains to be determined. Plaintiffs have now filed declarations setting forth their financial

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circumstances. Upon review of the financial declaration of plaintiffs, the declaration of defense

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counsel regarding the amount of attorneys fees incurred in connection with plaintiffs’ Rule 11

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violations and review of the entire record in this matter, THE COURT FINDS AND ORDERS

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AS FOLLOWS:
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1. Under Federal Rule of Civil Procedure 11(c)(4), the court finds a sanction

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requiring plaintiffs to pay $5,000 will be sufficient, and not more severe than reasonably

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necessary, to deter repetition of the conduct found objectionable by the court in the September

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29, 2010 order. Plaintiffs shall accordingly pay to the Clerk of Court $5,000. Payment of said

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sum may be paid in monthly installments of $500 for ten months, with the first installment to be

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made no later than October 31, 2012.

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2. The Clerk of Court is directed to serve a copy of this order on the court’s
financial department.

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3. Plaintiffs are cautioned that failure to comply with this order may result in
contempt proceedings.

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Dated: October 1, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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durand.2038.r11sanc.

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