McCarthy v. Saini Lodging Investment LLC

Filing 24

ORDER signed by District Judge Kimberly J. Mueller on 8/9/2017 SANCTIONING Attorneys David Wakefield, Cris C. Vaughan $250.00 each, payable to the Clerk of Court within fourteen days; ORDERING that neither attorney pass this expense on to their clients. (cc: Financial) (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT McCARTHY, 12 13 14 15 No. 2:16-CV-00505-KJM-AC Plaintiff, v. ORDER SAINI LODGING INVESTMENT, LLC, Defendant. 16 17 On May 12, 2017, the parties represented that this case had settled. ECF No. 16. 18 The court directed the parties to file dispositional documents by June 12, 2017. Minute Order, 19 May 12, 2017, ECF No. 17. That deadline passed with no word from either party, which marked 20 the second time both parties had disobeyed a court order. See Order to Show Cause (“OSC”), 21 Oct. 25, 2016, ECF No. 10. Accordingly, the court again ordered counsel for both parties to show 22 cause why they should not be sanctioned $250.00 each for failing to heed the court’s order. OSC, 23 June 22, 2017, ECF No. 18. Both parties timely responded. ECF Nos. 19, 22, 23. Counsel for 24 defendant explained his client refused to sign the settlement agreement, which caused the parties 25 to miss the court’s deadline to file dispositional documents. ECG No. 22. Counsel for plaintiff 26 explained his client signed all documents pertaining to the agreement on time. ECF No. 23. 27 Though these responses explain why dispositional documents were not filed by the 28 court’s deadline, neither counsel justified the failure to keep the court apprised or to request more 1 time to file those documents. It is not the court’s job to serve as a tickler system for the parties. 2 Because this is the second time the court has had to issue an order to show cause, the court hereby 3 SANCTIONS Mr. David Wakefield and Mr. Cris Vaughan in the amount of $250 each, payable 4 to the Clerk of the Court within fourteen days. Neither attorney shall pass this expense on to their 5 clients. 6 IT IS SO ORDERED. 7 This order resolves ECF No. 18. 8 DATED: August 9, 2017. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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