Patel v. State of California

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 1/20/2017 ORDERING that within fourteen (14) days of this order, plaintiff's counsel, Richard Rogers, shall pay the Clerk of Court $100.00 in sanctions based on his failure to timely appear at the 12/1/2016 status conference. Failure to timely comply with this order will result in increased sanctions. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEV PATEL,

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Plaintiff,

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No. 2:15-cv-2471-KJN

v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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This matter was scheduled for a status (pretrial scheduling) conference on December 1,

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2016. (ECF No. 17.) The evening prior to that date, plaintiff’s counsel contacted the

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undersigned’s courtroom deputy via an email that stated that he would not be in attendance at that

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hearing because he was on vacation in Florida and had forgotten to request a continuance of that

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proceeding. Accordingly, the court continued the status (pretrial scheduling) conference and

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issued an order to show cause (“OSC”) directing plaintiff’s counsel to show cause in writing why

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he should not be subject to monetary or other appropriate sanctions for his failure to notify the

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court regarding his anticipated absence at that proceeding in a more timely fashion and failure to

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file a request for a continuance of that proceeding in light of his anticipated absence. (ECF No.

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19.) Plaintiff’s counsel timely responded to the OSC. (ECF No. 20.)

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In his response, plaintiff’s counsel notes that he provided multiple notices to opposing

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counsel regarding his anticipated unavailability, but “lost sight of the fact” that he had not filed an

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application with the court to continue the status conference. (Id.) Plaintiff’s counsel represents

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further that he was under the assumption that the court would issue a scheduling order based on

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the parties’ joint statement without the need for a hearing because plaintiff requested that the

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court take such action in the joint statement. (Id.) Plaintiff’s counsel admits, however, that he

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“neglected to follow up” with the court regarding that request and whether the hearing would still

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be held. (Id.)

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As discussed during the January 19, 2017 status (pretrial scheduling) conference, the court

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appreciates plaintiff’s counsel’s apology and candor regarding his negligent failure to notify the

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court regarding his anticipated absence and to take appropriate measures to accommodate that

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absence. However, the court still finds a small amount of monetary sanctions appropriate to

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reprimand plaintiff’s counsel for his negligent behavior and deter him from acting in a similar

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manner as this action moves forward.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days of this order, plaintiff’s counsel, Richard Rogers, shall pay

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the Clerk of Court $100.00 in sanctions based on his failure to timely appear at the

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December 1, 2016 status conference. Plaintiff’s counsel shall NOT directly or

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indirectly attempt to recover such sanctions from his client.

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2. Failure to timely comply with this order will result in increased sanctions.

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IT IS SO ORDERED.

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Dated: January 20, 2017

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