Aguilar v. CitiMortgage, Inc.

Filing 19

ORDER FOR SANCTIONS AND FURTHER ORDER TO SHOW CAUSE signed by Judge Frank C. Damrell, Jr on 6/28/10: Plaintiff's counsel, Mr. Piotr Gabriel Reysner, is ordered to pay sanctions in the amount of $150.00 for his failure to file a response to the Order to Show Cause. Plaintiff's counsel is further ordered to show cause why he should not be sanctioned an additional $300.00 for his failure to respond to legal deadlines and the court's orders. HEARING as to 13 MOTION to DISMISS RESET for 8/6/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 PASQUAL AGUILAR, 14 15 17 18 19
v. Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---NO. CIV. S-10-0862 FCD KJM ORDER FOR SANCTIONS AND FURTHER ORDER TO SHOW CAUSE

16 CITIMORTGAGE, INC.,
Defendant. ----oo0oo---On June 4, 2010, plaintiff's counsel, Mr. Piotr Gabriel

20 Reysner, was ordered to show cause why he should not be 21 sanctioned in the amount of $150.00 for failing to appear at the 22 hearing on Plaintiff's Motion for Preliminary Injunction. The 23 court ordered counsel to file his response to the Order to Show 24 Cause on or before June 25, 2010. As of today's date, a response 25 has not been filed. 26
Plaintiff has also failed to file and serve an opposition

27 brief or notice of non-opposition to defendant's Motion to 28 Dismiss (Docket # 13) in compliance with Local Rule 230(c).

1 Therefore, the court makes the following orders: 2
1. Plaintiff's counsel, Mr. Piotr Gabriel Reysner, is

3 ordered to pay sanctions in the amount of $150.00 for his failure 4 to file a response to the Order to Show Cause filed on June 4, 5 2010.
Payment should be in the form of a check made payable to The sum is to be paid personally by

6 the Clerk of the Court.

7 plaintiff's counsel not later than fourteen (14) days from the 8 filing of this Order for Sanctions. 9
2. Plaintiff's counsel is further ordered to show cause

10 why he should not be sanctioned an additional $300.00 for his 11 failure to respond to legal deadlines and the court's orders, and 12 why plaintiff's case should not be dismissed for failure to 13 prosecute. Counsel shall file his response to this Order to Show 14 Cause on or before July 23, 2010. 15
3. The hearing currently set for July 9, 2010 for

16 defendant's Motion to Dismiss is VACATED and RESET for August 6, 17 2010 at 10:00 a.m. Plaintiff shall file and serve his opposition 18 brief or notice of non-opposition no later than July 23, 2010. 19 The defendant may file and serve a reply on or before July 30, 20 2010. 21 23 25 26 27 28
2 4. A hearing on the order to show cause, if necessary,

22 will follow the hearing on the motion.
IT IS SO ORDERED.

24 DATED: June 28, 2010
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE