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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT McCARTHY,

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No. 2:16-CV-00505-KJM-AC

Plaintiff,
v.

ORDER

SAINI LODGING INVESTMENT, LLC,
Defendant.

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On May 12, 2017, the parties represented that this case had settled. ECF No. 16.

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The court directed the parties to file dispositional documents by June 12, 2017. Minute Order,

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May 12, 2017, ECF No. 17. That deadline passed with no word from either party, which marked

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the second time both parties had disobeyed a court order. See Order to Show Cause (“OSC”),

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Oct. 25, 2016, ECF No. 10. Accordingly, the court again ordered counsel for both parties to show

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cause why they should not be sanctioned $250.00 each for failing to heed the court’s order. OSC,

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June 22, 2017, ECF No. 18. Both parties timely responded. ECF Nos. 19, 22, 23. Counsel for

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defendant explained his client refused to sign the settlement agreement, which caused the parties

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to miss the court’s deadline to file dispositional documents. ECG No. 22. Counsel for plaintiff

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explained his client signed all documents pertaining to the agreement on time. ECF No. 23.

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Though these responses explain why dispositional documents were not filed by the

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court’s deadline, neither counsel justified the failure to keep the court apprised or to request more

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time to file those documents. It is not the court’s job to serve as a tickler system for the parties.

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Because this is the second time the court has had to issue an order to show cause, the court hereby

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SANCTIONS Mr. David Wakefield and Mr. Cris Vaughan in the amount of $250 each, payable

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to the Clerk of the Court within fourteen days. Neither attorney shall pass this expense on to their

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clients.

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IT IS SO ORDERED.

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This order resolves ECF No. 18.

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DATED: August 9, 2017.

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UNITED STATES DISTRICT JUDGE

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