Boulton et al v. U.S. Tax Lien Assoc.

Filing 75

ORDER signed by Magistrate Judge Allison Claire on 12/11/2018: Mr. Carter was ordered to file a declaration attesting that the sanctions had been paid out of his own funds and not charged to his clients. Mr. Carter was warned that failure to remit t he sums by the deadline may result in a report to the State Bar of California. Mr. Carter has not filed the required declaration nor have defendants filed a notice of his compliance. It is therefore ORDERED that the Clerk is DIRECTED to send copies of this order and the 11/27/2018 Order to the State Bar of California. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KERRY BOULTON, et al.,

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No. 2:15-cv-2384 MCE AC

Plaintiffs,
v.

ORDER

U.S. TAX LIEN ASSOCIATION, LLC, et
al.,
Defendants.
On November 27, 2018, the court directed plaintiff’s counsel Brian S. Carter to pay three

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sanctions awards to defendants no later than December 7, 2018. ECF No. 74. Specifically, Mr.

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Carter was ordered to pay past-due sanctions in the total amount of $17,830 – $7,450 awarded on

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August 10, 2018 (ECF No. 55) and $10,380 awarded on October 12, 2018 (ECF No. 71) – plus an

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additional $3,937.50 in fees as new sanctions related to defendants’ motion for terminating

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sanctions. Id. at 14-15. All sanctions were ordered to be paid by counsel personally and not

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charged to his clients. Mr. Carter was ordered to file a declaration attesting that the sanctions had

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been paid out of his own funds and not charged to his clients. Id.

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Although the district judge has not yet ruled on the recommendation that terminating

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sanctions be granted, the order for payment of monetary sanctions is independent of that

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recommendation and not contingent on its adoption. Mr. Carter was warned that failure to remit

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the sums by the deadline may result in a report to the State Bar of California. Id. at 15. The
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deadline has passed, and Mr. Carter has not filed the required declaration. Nor have defendants

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filed a notice of his compliance.

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IT IS THEREFORE ORDERED that the Clerk of the Court is directed to send copies of

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this order and of the order filed on November 27, 2018, to the State Bar of California.

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DATED: December 11, 2018

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