De Vega v. Suntrust Mortgage, Inc. et al

Filing 8

ORDER signed by Judge Frank C. Damrell, Jr on 8/9/10. Plaintiff's counsel, Mr. Peter Jason Cabbiness is ORDERED to pay sanctions in the amount of $150.00 for his failure to file a response to the OSC filed on 7/26/10. Payment should be in t he form of a check made payable to the Clerk. The sum is to be paid personally by Plaintiffs' counsel not later than fourteen (14) days from the filing of this Order for Sanctions. Plaintiffs' counsel is further ORDERED to SHOW CAUSE why h e should not be sanctioned and additinal $300.00 for his failure to respond to legal deadlines and the Court's orders, and why Plaintiffs' case should not be dismissed for failure to prosecute. Counsel shall file his response to this OSC on or before 9/10/10. The hearing on Defendants' MOTION to DISMISS 4 currently set for 8/20/10 is VACATED and RESET for 9/24/2010 at 10:00 AM. (Mena-Sanchez, L)

De Vega v. Suntrust Mortgage, Inc. et al

Doc. 8

1 2 3 4 5 6 7 8 9 10 11 12 13 LORENZO DE VEGA, and 14 15 16 18 19 20 17 al.,
VIRGINIA S. DE VEGA, Plaintiffs, v. SUNTRUST MORTGAGE, INC., et. Defendants. ----oo0oo---On July 26, 2010, plaintiffs' counsel, Mr. Peter Jason UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---NO. CIV. S-10-1507 FCD DAD

ORDER FOR SANCTIONS AND FURTHER ORDER TO SHOW CAUSE

21 Cabbiness, was ordered to show cause why he should not be 22 sanctioned in the amount of $150.00 for failing to file an 23 opposition or notice of non-opposition to defendants' motion in 24 compliance with Local Rule 230(c).
The court ordered counsel to

25 file his response to the Order to Show Cause on or before August 26 6, 2010. As of today's date, a response has not been filed, and 27 therefore, the court makes the following orders: 28
1. Plaintiffs' counsel, Mr. Peter Jason Cabbiness, is

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1 ordered to pay sanctions in the amount of $150.00 for his failure 2 to file a response to the Order to Show Cause filed on July 26, 3 2010.
Payment should be in the form of a check made payable to The sum is to be paid personally by

4 the Clerk of the Court.

5 plaintiffs' counsel not later than fourteen (14) days from the 6 filing of this Order for Sanctions. 7
2. Plaintiffs' counsel is further ordered to show cause

8 why he should not be sanctioned an additional $300.00 for his 9 failure to respond to legal deadlines and the court's orders, and 10 why plaintiffs' case should not be dismissed for failure to 11 prosecute. Counsel shall file his response to this Order to Show 12 Cause on or before September 10, 2010. 13
3. The hearing on defendants' Motion to Dismiss (Docket

14 #4) currently set for August 20, 2010 is VACATED and RESET for 15 September 24, 2010 at 10:00 a.m. in Courtroom #2. 16 18 19 20 21 22 23 24 25 26 27 28
2 IT IS SO ORDERED.

17 DATED: August 9, 2010

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