Munns et al v. Clinton et al

Filing 9

ORDER signed by Senior Judge Lawrence K. Karlton on 6/22/10: The court finds that no sanction is appropriate.(Kastilahn, A)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 Plaintiffs, 18 v. 19 20 21 22 Defendants. 23 24 25 26 / On May 27, 2010, this court ordered counsel for plaintiffs to show cause why sanctions should not issue for counsel's failure to file a status report prior to the scheduled May 24, 2010 status 1 HILLARY DIANE RODHAM CLINTON, in her official capacity as UNITED STATES SECRETARY OF STATE; JENNIFER FOO, in her official capacity, ORDER On behalf of themselves as individuals and as taxpeyers, NO. CIV. S-10-681 LKK/KJM MARK MUNNS, CHRISTA MUNNS, Administrators for the separate Estate of JOSHUA MUNNS, DENNIS DEBRABANDER, SHARON DEBRABANDER, Administrators for the separate Estate of JOHN YOUNG and LORI SILVERI, Administrator for the separate Estate of JOHN COTE,

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

(pretrial scheduling) conference. Court records indicate that the court's March 22, 2010 order setting a status conference was electronically served to plaintiffs' counsel at the following email addresses: [e-mail], [e-mail],

[e-mail]. However, plaintiffs' counsel has declared under penalty of perjury that he "did not receive any notice (mail or email) of the May 24, 2010 hearing." Because defendants had not yet been served, no defendants were prejudiced by plaintiff's failure to file a status report. Plaintiffs' counsel is cautioned that he is expected to monitor the docket in this case and to ensure that his email program is functioning properly. Nonetheless, plaintiffs' counsel's declaration under penalty of perjury

constitutes good cause. Thus, the court finds that no sanction is appropriate. IT IS SO ORDERED. DATED: June 22, 2010.

2