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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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. 2:15-CV-02484-KJM-EFB

Plaintiff,
v.

ORDER

KOHANBASH CENTURY PLAZA, LLC,
et al.,
Defendants.

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On October 3, 2017, the court ordered the parties to show cause why each party

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should not be sanctioned $250 for failing to jointly file a VDRP Completion Report as required

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under Local Rule 271(o). Plaintiff’s counsel filed a response on October 26, 2017. ECF No. 20.

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The court has reviewed counsel’s response and determines he has not shown

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sanctions should not be imposed. Counsel explains “plaintiff did not generate a post-mediation

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status report . . . under a mistaken understanding that the document filed by the mediator satisfied

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the obligations to report the outcome of the settlement and as a result the follow up reminder for

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this matter was noted as completed.” Id. at 2. Counsel further reports “[t]his error has been

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remedied and both staff and handling attorneys have been trained to not allow this to recur.”

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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.
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While counsel’s response reflects a disappointing lack of attention to detail and the rules of the

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court, given his representation that practices have been corrected to prevent recurrence, the court

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will discharge the order to show cause. Counsel is cautioned however that a second failure to

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comply with the rules will not be resolved with such leniency.

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The order to show cause is DISCHARGED. The stay in this case is lifted, and a

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Status (Initial Scheduling) Conference is set for December 14, 2017 at 2:30 p.m. The parties shall

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submit, at least seven (7) days prior to the Status Conference, a Joint Status Report.

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DATED: November 8, 2017.

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UNITED STATES DISTRICT JUDGE

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