Johnson v. Henson et al

Filing 20

ORDER signed by District Judge Kimberly J. Mueller on 07/28/11 ORDERING Douglas Jack Haycock to pay sanctions in the amount of $250. The sum is to be paid personally by Mr. Haycock w/i 14 days; the 6 Answer filed 11/20/09 is STRICKEN; Clerk to enter a default against Robert D. Henson and Shauna L. Henson as to all claims filed against them. (Benson, A.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SCOTT N. JOHNSON,
Plaintiff,

11

Civ. No. S 09-2286 KJM EFB

vs.
12
ROBERT D. HENSON, et al.,

ORDER

13
Defendants.
/

14

On April 4, 2011, this court issued an order directing attorney Douglas Jack

15
16

Haycock to show cause in writing why he should not be sanctioned for his failure to participate

17

in the preparation of a joint status report and failure to appear at the pretrial conference. He has

18

not responded to the order. Because of his failure to participate in the proceedings in this case

19

and his failure to respond to the court’s orders, the imposition of sanctions is appropriate.

20

Additionally, given the court’s prior order notifying Mr. Haycock as defendants’ counsel that the

21

court was contemplating directing entry of default, and the lack of any response, entry of default

22

also is appropriate. Cf. Armagost v. United States, 2010 WL 829178 (D. Neb. Mar. 4, 2010)

23

(default may be appropriate for failure to prosecute action).

24

/////

25

/////

26

/////
1

1

IT IS THEREFORE ORDERED that:

2

1. The court directs Douglas Jack Haycock to pay sanctions in the amount of

3

$250. The sum is to be paid personally by Mr. Haycock within fourteen days of the date of this

4

order in the form of a check made payable to the Clerk of the Court.

5

2. The answer filed November 20, 2009 is stricken.

6

3. The Clerk of the Court is directed to enter a default against Robert D. Henson

7

and Shauna L. Henson as to all claims filed against them.

8

DATED: July 28, 2011.

9

UNITED STATES DISTRICT JUDGE
10
11

2

12

john2286.ord

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2