Becker et al v. Wells Fargo Bank, NA, Inc. et al

Filing 72

ORDER signed by Judge Lawrence K. Karlton on 10/3/11 ORDERING that Counsel for defendants is ORDERED to SHOW CAUSE in writing why sanctions should not issue in accordance with Local Rule 110, including a fine of $1000 and/or anorder of judgment for plaintiff. Counsel SHALL file a response to this order to show cause within seven (7) days of the issuance of this order; The hearing on plaintiff's motion for reconsideration 59 currently set for 10/11/11 is CONTINUED to 10/24/11; Defendant SHALL file an opposition or statement ofnon-opposition to the motion for reconsideration no later than 10/7/11. Plaintiff MAY file a reply no later than 10/17/11. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNLY R. BECKER, THE
BECKER TRUST DATED
MARCH 25, 1991,

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NO. CIV. S-10-2799 LKK/KJN
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Plaintiffs,
v.
O R D E R

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WELLS FARGO BANK, N.A.,
WACHOVIA MORTGAGE
CORPORATION; DOES 1-20,

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Defendants.
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/

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A hearing on Plaintiff’s Motion to Reconsider the court’s

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August 1, 2011 order is currently scheduled for October 11, 2011.

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Defendants’ opposition or statement of non-opposition was due on

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September 27, 2011, per Local Rule 230(c). Defendants have not

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filed an opposition or statement of non-opposition. The court notes

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that counsel for defendants has previously been sanctioned in this

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case. Counsel was sanctioned in the amount of $150 for failing to

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timely file an opposition. See ECF No. 25. Counsel was sanctioned

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in the amount of $350 for failing to timely respond to an order to
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show

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sanctions in the amount of $1000 and/or an order of judgment for

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plaintiff for failing to respond to the prior order to show cause.

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The court found that counsel did not show good cause, but did

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demonstrate the absence of bad faith, and the sanctions were

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reduced to $350. See ECF No. 33.

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cause.

Counsel

for

defendant

was

previously

warned

of

Accordingly, the court ORDERS as follows:

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[1] Counsel for defendants is ORDERED to SHOW CAUSE in

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writing why sanctions should not issue in accordance

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with Local Rule 110, including a fine of $1000 and/or an

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order of judgment for plaintiff. Counsel SHALL file a

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response to this order to show cause within seven (7)

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days of the issuance of this order.

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[2]

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reconsideration, ECF No. 59, currently scheduled for

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October 11, 2011 is CONTINUED to October 24, 2011.

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[3] Defendant SHALL file an opposition or statement of

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non-opposition to the motion for reconsideration no

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later than October 7, 2011. Plaintiff MAY file a reply

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no later than October 17, 2011.

The

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DATED:

on

IT IS SO ORDERED.

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hearing

October 3, 2011.

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plaintiff’s

motion

for