Stein v. Bank of America, N.A., et al.,

Filing 64

ORDER STRIKING PLAINTIFF'S PRETRIAL STATMENT and ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 12/11/12. Richard C. Sinclair, Esq. is sanctioned $700.00, in addition to the November 21st $200.00 sanction, equaling  6;900.00 to be paid to the Clerk of this Court no later than 4:00 p.m. on 12/14/12. Plaintiff shall SHOW CAUSE in writing no later than 12/14/12 why this action should not be dismissed with prejudice for repeated failure to comply with the Rules and this Court's orders. The Final Pretrial Conference remains on the calendar for 1/14/13. A joint final retrial statement shall be filed no later than 7 days prior to conference. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA CHRISTINA STEIN, aka MARY
STEIN,

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Plaintiff,
v.
BANK OF AMERICA, N.A., successor
in interest to Countrywide Bank,
FSB; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. aka
“MERS”,
Defendants.
________________________________

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2:10-cv-02827-GEB-EFB
ORDER STRIKING PLAINTIFF’S
PRETRIAL STATEMENT AND
IMPOSING MONETARY SANCTIONS;
ORDER TO SHOW CAUSE

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Plaintiff’s separate pretrial statement filed on December 6,

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2012, is stricken since it was untimely, and Plaintiff did not provide

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justification for failing to participate in preparing and filing a joint

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pretrial statement. See Order to Show Cause 2, n.1, November 15, 2012,

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ECF No. 56.

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Further, an Order to Show Cause (“OSC”) issued on December 5,

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2012, directing Plaintiff to explain why sanctions should not be imposed

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against her and/or her counsel for failure to file a timely final

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pretrial statement and failing to timely pay the November 21, 2012 two

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hundred dollar ($200.00) monetary sanction. (ECF No. 62.) Plaintiff did

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not respond to the December 5th OSC and has not paid the November 21st

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monetary sanction.

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Since Plaintiff’s counsel failed to respond to the December

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5th OSC, has twice failed to file a timely final pretrial statement, and

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has yet to pay the November 21st monetary sanction, Richard C. Sinclair,

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Esq. is sanctioned seven hundred dollars ($700.00). This sanction, in

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addition to the November 21st two hundred dollar ($200.00) sanction

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(equaling nine hundred dollars ($900.00)), shall be paid to the Clerk of

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this Court no later than 4:00 p.m. on December 14, 2012, by a check made

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payable to the “United States Treasury.” This sanction is personal to

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counsel or his law firm and shall not be transmitted to counsel’s

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clients.

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Also, Plaintiff is Ordered to Show Cause (“OSC”) in a writing

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to be filed no later than December 14, 2012, why this action should not

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be dismissed with prejudice under Federal Rule of Civil Procedure

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(“Rule”)

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Plaintiff’s repeated failure to comply with the Rules and this Court’s

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orders.1 Plaintiff’s failure to respond to the OSC’s filed on November

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15, 2012, and December 5, 2012, demonstrates that monetary sanctions are

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ineffective in obtaining Plaintiff’s compliance. Further, the Court is

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unable to prepare an appropriate Final Pretrial Order in this action

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without Plaintiff’s compliance.

41(b)

and

judgment

entered

in

favor

of

Defendants

for

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Lastly, the final pretrial conference remains on calendar for

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January 14, 2013, at 1:30 p.m. A joint final pretrial statement shall be

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The December 5th OSC contained the following
“Plaintiff is warned that the continued failure to comply with
and/or this Court’s orders could result in this action being
with prejudice under Rule 41(b) and judgment entered in
Defendants.” (ECF No. 62, 3:3-6.)
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warning:
the Rules
dismissed
favor of

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filed

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conference.

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Dated:

no

later

than

seven

(7)

days

prior

to

the

final

pretrial

December 11, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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