Helmer v. Countrywide Home Loans

Filing 7

ORDER FOR SANCTIONS and ORDER to SHOW CAUSE signed by Judge Frank C. Damrell, Jr. on 4/14/10 ORDERING that Pltf's counsel, Mr. Duane L. Tucker, shall pay sanctions in the amount of $150.00 within 14 days. Counsel is ordered to show cause why Pltf's case should not be dismissed for failure to prosecute. Response due by 5/7/2010. A hearing is set for 5/21/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Engbretson, K.)

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 27 28 On March 24, 2010, the Court issued a Minute Order requiring that a declaration as to the status of this case be filed within fourteen (14) days of the Minute Order. As of April 14, 2010, no such declaration has been received nor has a joint status report been filed. makes the following orders: 1. Plaintiff's counsel, Mr. Duane L. Tucker, shall pay sanctions in the amount of $150.00. Payment should be in the form of a check made payable to the Clerk of the Court. The sum is to be paid personally by plaintiff's counsel not later than fourteen (14) days from the filing of this Order for Sanctions. /// Accordingly, the court CLIFFORD HELMER, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., Defendant. ____________________________/ No. Civ. S-09-2977 FCD DAD ORDER FOR SANCTIONS AND TO SHOW CAUSE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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2. This sanction is personal to the attorney, is to be borne by him personally, and is not to be transmitted to the client by way of a charge of attorney's fees and/or costs. The court finds plaintiff's counsel's continuing failure to comply with the court's orders a very serious violation and hereby makes the following orders: 1. Plaintiff's counsel is ordered to show cause why plaintiff's case should not be dismissed for failure to prosecute. 2. Plaintiff's counsel shall file a response to the order to show cause on or before May 7, 2010. 3. A hearing on this order to show cause is set for Friday, May 21, 2010, at 10:00 a.m. IT IS SO ORDERED. DATED: April 14, 2010

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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