Bustos v. Commissioner of Social Security

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 2/23/12 ORDERING that attorney Bess Brewer is sanctioned in the amount of $2,000.00 payable to the Clerk of Court within 45 days. (Manzer, C)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ROBERT V. BUSTOS,

11

Plaintiff,

12
13

No. 2:11-cv-01953 KJN

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

ORDER AFTER SHOW CAUSE HEARING

14
Defendant.
15
/
16
17

On February 23, 2012, the court held a show cause hearing regarding an Order to

18

Show Cause (“OSC”) entered on January 26, 2012, and timely responded to by attorney Bess M.

19

Brewer on February 9, 2012 (Dkt. Nos. 17-19). The court had ordered Ms. Brewer, an attorney

20

who regularly represents plaintiffs appealing the denial of applications for Social Security

21

benefits before the undersigned, to “show good cause . . . why she should not be sanctioned in an

22

amount of $2,500, for her ongoing failures to timely prosecute her clients’ cases and follow the

23

court’s local rules and orders.” (OSC, Jan. 26, 2012, at 3.)

24

Ms. Brewer appeared at the hearing and was contrite about her repeated and

25

ongoing failures, and conceded that monetary sanctions were appropriate but suggested a lower

26

amount of such sanctions. The reasons supporting the imposition of sanctions on Ms. Brewer
1

1

are set forth in detail in the court’s OSC, and nothing stated at the hearing persuades the court

2

that the imposition of monetary sanctions would be inappropriate. However, in light of Ms.

3

Brewer’s contrition and assurances to the court that she is taking steps to avoid similar failures in

4

the future, the undersigned lowers the amount of sanctions to $2,000.

5

Accordingly, IT IS HEREBY ORDERED that attorney Bess M. Brewer is

6

sanctioned in amount of $2,000, payable to the Clerk of Court within 45 days of the date of this

7

order.

8
9

IT IS SO ORDERED.
DATED: February 23, 2012

10
11
12

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2