Johnson v. Patel

Filing 32

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/15/2016 ORDERING Counsel for Defendant is SANCTIONED in the amount of $150.00, for failure to timely submit settlement conference statements as ordered; this sum shall be paid to the Clerk of the Court no later than 30 days from the date of this order; the Settlement Conference is RESET for 3/2/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; Settlement conference statements shall be submitted not later than 7 days preceding the settlement conference.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:14-cv-2052-KJM-DB

Plaintiff,
v.

ORDER AND ORDER FOR SANCTIONS

MIKE PATEL, et al.,
Defendants.

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On August 29, 2016, the court ordered the parties in the above-entitled action to show

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cause why sanctions should not issue for their failure to timely submit settlement conference

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statements as ordered. That order also vacated the September 1, 2016 settlement conference.

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The court is in receipt of plaintiff’s counsel’s response. Counsel for defendant has failed

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to respond to the court’s order to show cause. Based on the representations in plaintiff’s

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counsel’s response, the order to show cause is discharged as to plaintiff.

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Counsel for defendant, however, is sanctioned in the amount of one hundred fifty ($150)

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dollars. See E.D. Cal. L.R. 110 (“Failure of counsel or of a party to comply with these Rules or

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with any order of the Court may be grounds for imposition by the Court of any and all sanctions

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authorized by statute or Rule or within the inherent power of the Court.”). This sum shall be paid

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to the Clerk of the Court no later than thirty days from the date of this order. Counsel for

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defendant shall file an affidavit accompanying the payment of this sanction which states that it is
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paid personally by him, out of personal funds, and is not and will not be billed, directly or

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indirectly, to his clients or in any way made the responsibility of his clients as attorneys’ fees or

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costs.

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The Settlement Conference is RESET for March 2, 2017 at 10:00 a.m. in Courtroom No.

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8. Settlement conference statements shall be submitted to the undersigned not later than seven (7)

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days preceding the settlement conference.

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So Ordered.
DATED: September 15, 2016.

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