Novo v. Ashby et al

Filing 22

ORDER signed by Judge Lawrence K. Karlton on 7/29/13 ORDERING that Defendant's MOTION to Strike Plaintiff's Fourth Claim for Relief 16 is GRANTED, only insofar as it presents a retaliation claim against Defendant Ashby pursuant to the CF RA. The hearing on Defendant's MOTION to Strike, currently set for 8/12/13, is VACATED. Plaintiff's counsel is SANCTIONED in the amount of one hundred and fifty dollars ($150). This sum shall be paid to the Clerk of the Court no lat er than thirty (30) days from the date of this order. Counsel for Plaintiff SHALL file an affidavit accompanying the payment of this sanctions which states that it is paid personally by counsel, out of personal funds, and is not and will not be billed, directly or indirectly, to the client or any way made the responsibility of the client as attorneys' fees or costs.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SARAH R. NOVO,
NO. CIV. S-13-0521 LKK/AC

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Plaintiff,
v.
O R D E R

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CITY OF SACRAMENTO,
ANGELIQUE ASHBY,

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Defendants.
/

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Defendant Angelique Ashby’s Motion to Strike, ECF No. 16, is

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pending before the court. Defendant “moves to strike any reference

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to the CFRA [California Family Rights Act] in the Fourth Claim for

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Relief as it pertains to her because she is not an ‘employer’ as

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that term is defined within the CFRA.”

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Att. 1, at 3.

Def’s Mot., ECF No. 16,

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On July 19, 2013, this court ordered counsel for Plaintiff to

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show cause in writing as to why sanctions should not issue, in

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accordance with Eastern District of California Local Rule 110

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(2013), for counsel’s failure to file an opposition or a statement

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of non-opposition to Defendant’s motion.
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On

July

of

non-

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opposition to the granting of Defendant’s motion to strike.

Pl’s

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Resp., ECF No. 20. Plaintiff does not object to Defendant’s motion

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to strike Plaintiff’s Fourth Claim for Relief for Defendant Ashby’s

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“retaliation against the plaintiff for requesting CFRA leave,” but

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notes that “Plaintiff’s claim against Ashby for retaliation under

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FMLA

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Complaint, Fourth Claim for Relief.”

[Family

25,

2013,

Medical

Plaintiff

Leave

Act]

filed

a

remains

statement

within

the

Amended

Id. at 1.

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In response to the court’s order to show cause, Plaintiff’s

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counsel admitted that he was at fault for “fail[ing] to calendar

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this motion,” which “result[ed] in this unfortunate circumstance

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for the Court.”

Pl’s Resp., ECF No. 21, at 1-2.

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Accordingly, the court ORDERS as follows:

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[1]

Defendant’s motion to strike Plaintiff’s Fourth Claim

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for Relief, ECF No. 16, is GRANTED, only insofar as it

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presents a retaliation claim against Defendant Ashby

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pursuant to the CFRA.

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[2]

set for August 12, 2013, is VACATED.

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The hearing on Defendant’s motion to strike, currently

[3]

Plaintiff’s counsel is SANCTIONED in the amount of one

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hundred and fifty dollars ($150).

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paid to the Clerk of the Court no later than thirty (30)

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days from the date of this order.

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[4]

Counsel

for

Plaintiff

SHALL

This sum shall be

file

an affidavit

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accompanying the payment of this sanctions which states

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that it is paid personally by counsel, out of personal
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funds, and is not and will not be billed, directly or

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indirectly,

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responsibility of the client as attorneys’ fees or

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costs.

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IT IS SO ORDERED.

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DATED:

to

the

client

July 29, 2013.

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or

any

way

made

the