Foster v. Johnson & Johnson et al

Filing 7

ORDER signed by Judge Frank C. Damrell, Jr on 9/17/10 ORDERING that, within 14 days of the filing of this order, pltf's counsel, David E. Smith, shall pay SANCTIONS in the amount of $150.00 to the Clerk of the Court. It is further ORDERED that pltf's counsel shall SHOW CAUSE by 10/8/10 why pltf's case should not be dismissed for failure to prosecute. A Show Cause Hearing is set for 10/22/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Owen, K)

Foster v. Johnson & Johnson et al

Doc. 7

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 v. JOHNSON & JOHNSON, et al., Defendants. ____________________________/ On August 25, 2010, the Court issued a Minute Order requiring that a declaration as to the status of the case be filed within fourteen (14) days of the Minute Order. As of September 17, 2010, no such declaration has been received, nor has a joint status report been filed. the court makes the following orders: 1. Plaintiff's counsel, Mr. David E. Smith, 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, JODI GAY FOSTER, Plaintiff, No. Civ. S-10-0894 FCD EFB 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 continual 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 October 8, 2010. 3. A hearing on this order to show cause is set for Friday, October 22, 2010, at 10:00 a.m. IT IS SO ORDERED. DATED: September 17, 2010

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

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