Eslinger v The Donahue Bates Blakemore and Mackey Long-Term Disability Ins., et al

Filing 44

ORDER signed by Senior Judge Lawrence K. Karlton on 6/21/10 ORDERING that counsel for pltf is SANCTIONED in the amount of $150.00. Sum shall be paid to the Clerk of the Court no later than 30 days from the date of this order. Counsel shall file an accompanying affidavit stating that the sanctions have been paid personally, out of personal funds, and not billed to the client. (Owen, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEBRA ESLINGER, 11 Plaintiff, 12 v. 13 THE DONAHUE BATES BLAKEMORE & 14 MACKEY LONG-TERM DISABILITY INSURANCE PLAN, DONAHUE, 15 BATES, BLAKEMORE & MACKEY; HIGHMARK LIFE INSURANCE 16 COMPANY; FORT DEARBORN LIFE INSURANCE COMPANY; 17 DOES 1 through 20, inclusive, 18 19 20 Defendants. / On May 27, 2010, the court ordered counsel for defendant NO. CIV. S-09-2548 LKK/JFM ORDER 21 Donahue Bates to show cause why sanctions should not be imposed for 22 his failure to appear for a status (pretrial scheduling) 23 conference. See Doc. No. 42. Counsel responded to the order to show 24 cause on June 9, 2010. See Doc. No. 43. Counsel explains that he 25 mistakenly believed the status conference was set for at 2:00 p.m 26 on May 24, 2010 because the parties mistakenly listed the time as 1 1 2:00 p.m. on their joint status report. The conference was held at 2 the time set forth in this court's order, 11:00 a.m., on May 24, 3 2010. 4 No good cause shown, the court hereby ORDERS that counsel for 5 plaintiff is SANCTIONED in the amount of one hundred and fifty 6 ($150.00) dollars. This sum shall be paid to the Clerk of the Court 7 no later than thirty (30) days from the date of this order. Counsel 8 shall file an affidavit accompanying the payment of this sanction 9 which states that it is paid personally by counsel, out of personal 10 funds, and is not and will not be billed, directly or indirectly, 11 to the client or in any way made the responsibility of the client 12 as attorneys' fees or costs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 IT IS SO ORDERED. DATED: June 21, 2010.

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