Johnson v. Kohanbash Century Plaza, LLC et al

Filing 21

ORDER signed by District Judge Kimberly J. Mueller on 11/8/2017 DISCHARGING 18 ORDER to SHOW CAUSE and LIFTING the stay in this case. Filing Deadline: 12/7/2017. Status Conference set for 12/14/2017 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties shall submit, at least 7 days prior to the Status Conference, a Joint Status Report. (Hunt, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT JOHNSON, 12 13 14 15 16 No. 2:15-CV-02484-KJM-EFB Plaintiff, v. ORDER KOHANBASH CENTURY PLAZA, LLC, et al., Defendants. 17 18 On October 3, 2017, the court ordered the parties to show cause why each party 19 should not be sanctioned $250 for failing to jointly file a VDRP Completion Report as required 20 under Local Rule 271(o). Plaintiff’s counsel filed a response on October 26, 2017. ECF No. 20. 21 The court has reviewed counsel’s response and determines he has not shown 22 sanctions should not be imposed. Counsel explains “plaintiff did not generate a post-mediation 23 status report . . . under a mistaken understanding that the document filed by the mediator satisfied 24 the obligations to report the outcome of the settlement and as a result the follow up reminder for 25 this matter was noted as completed.” Id. at 2. Counsel further reports “[t]his error has been 26 remedied and both staff and handling attorneys have been trained to not allow this to recur.” 27 28 Local Rule 271(o)(1) states “the parties must jointly file the Parties’ Joint VDRP Completion Report . . . ” – it includes no provision stating the mediator’s report will suffice. 1 1 While counsel’s response reflects a disappointing lack of attention to detail and the rules of the 2 court, given his representation that practices have been corrected to prevent recurrence, the court 3 will discharge the order to show cause. Counsel is cautioned however that a second failure to 4 comply with the rules will not be resolved with such leniency. 5 The order to show cause is DISCHARGED. The stay in this case is lifted, and a 6 Status (Initial Scheduling) Conference is set for December 14, 2017 at 2:30 p.m. The parties shall 7 submit, at least seven (7) days prior to the Status Conference, a Joint Status Report. 8 DATED: November 8, 2017. 9 10 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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