Meyers v. County of Sacramento et al

Filing 68

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/24/2020 ORDERING 64 that Dennise Henderson is SANCTIONED a total of $250.00 based upon the willful disobedience of this court's orders. Dennise Henderson shall pay $250.00 to the Clerk of Court within twenty-one (21) days of the date of this order. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN MEYERS,

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Plaintiff,

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No. 2:16-CV-01121-MCE-CKD PS

v.

ORDER

COUNTY OF SACRAMENTO, et al,

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Defendants.

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On July 7, 2020, this court ordered attorney Dennise Henderson to show cause within

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fourteen days why she should not be sanctioned for violating this court’s orders and the Local

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Rules by filing documents on behalf of a pro se plaintiff. ECF No. 64. Henderson failed to

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respond to the July 7, 2020 show cause order. Accordingly, for the reasons below, the court finds

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as follows:

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I.

RELEVANT BACKGROUND
On July 18, 2018, attorneys Dennise Henderson and Stratton Barbee were terminated as

plaintiff’s counsel of record. ECF Nos. 23, 24.
One and a half years later, on January 8, 2020, a response to defendants’ motion for

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summary judgment was purportedly filed on behalf of plaintiff. ECF No. 50. The response was

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electronically filed using Barbee’s CM/ECF login and password, and it included a declaration

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from Henderson, who claimed to have contacted defense counsel regarding the pending summary
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judgment motion. Id.

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On January 13, 2020, the court ordered Henderson and Barbee each to file notices of

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appearance by January 17, 2020, if they intended to continue representing plaintiff. ECF No. 51.

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The court reminded Henderson and Barbee that unless they filed notices of appearance they were

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prohibited from using their CM/ECF credentials to file documents in this matter on plaintiff’s

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behalf. Id.

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The January 17, 2020 deadline came and went, and neither attorney filed a notice of
appearance pursuant to Local Rules 182(a) and 131(a).
One month later, on February 19, 2020, Henderson filed another “response” to

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defendants’ motion for summary judgment on plaintiff’s behalf, asking to reopen discovery and

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extend the deadline to answer defendants’ motion. ECF No. 54. Henderson attached an

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Appearance of Counsel form and used Barbee’s ECF login and password rather than her own.

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See L.R. 135(g).

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On February 20, 2020, the court ordered Henderson and Barbee to show cause, within five

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days, why they should not each be sanctioned $250 for improper use of an ECF login/password.

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ECF No. 54. The court also reiterated that it would disregard any documents Henderson

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purportedly filed on plaintiff’s behalf until Henderson properly filed a standalone notice of

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appearance under her own CM/ECF login and password.

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Barbee timely responded to the show cause order, but Henderson did not. ECF No. 55.

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Accordingly, on March 4, 2020, the court sanctioned Henderson in the amount of $250.00 for

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improper use of an ECF login and password and disregarding this court’s orders. ECF No. 58.

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On March 6, 2020, Henderson responded to the show cause order. Although Henderson’s

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response was filed more than ten days after the court-ordered deadline, the court opted to rescind

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the sanction against her. ECF No. 60.
On June 15, 2020, the court issued findings and recommendations on defendants’ motion

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for summary judgment. On July 1, 2020, Henderson filed objections to the findings and

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recommendations on plaintiff’s behalf, with a “Notice of Filing in Absentia.”1 ECF No. 63.

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Henderson submitted this filing despite never having filed a notice of appearance under her own

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ECF login and password as she was ordered to do for any future filings on plaintiff’s behalf. ECF

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Nos. 51, 54.

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On July 7, 2020, this court ordered Henderson to show cause within fourteen days why

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she should not be sanctioned in the amount of $250.00 for repeatedly disregarding the Local

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Rules and orders of this court regarding filing documents on a party’s behalf. (ECF No. 64.) The

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deadline to show cause passed, and Henderson failed to respond.

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II.

DISCUSSION
Eastern District Local Rule 110 provides that the “[f]ailure of counsel or of a party to

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comply with these Rules or with any order of the Court may be grounds for imposition by the

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Court of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.”

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Federal courts have the inherent power to impose monetary sanctions against attorneys

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and parties for “bad faith” conduct in litigation or for “willful disobedience” of a court order. See

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Chambers v. NASCO, Inc., 501 US 32, 43 (1991); Roadway Express, Inc. v. Piper, 447 US 752,

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764-66, (1980). “[S]anctions are available if the court specifically finds bad faith or conduct

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tantamount to bad faith.” B.K.B. v. Maui Police Dep’t, 276 F.3d 1091, 1108 (9th Cir. 2002), as

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amended (Feb. 20, 2002). A party “shows bad faith by delaying or disrupting the litigation or by

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hampering enforcement of a court order.” Chambers, 501 U.S. at 46.
The court finds that Henderson’s conduct constitutes willful disobedience of the court’s

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orders. On at least three occasions, Henderson improperly filed documents on plaintiff’s behalf.

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She submitted two of these filings—the February 19, 2020 and July 1, 2020 filings—after the

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court had ordered her not to file documents on plaintiff’s behalf without first appearing as counsel

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of record and following the court’s procedures. As a result of her improper filings, the court

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ordered her to show cause why she should not be sanctioned for violating the court’s orders.

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As previously noted in the show cause order, this court does not recognize a “filing in absentia.”
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Henderson did not timely respond to either the February 20, 2020 or July 7, 2020 show cause

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order.
Henderson’s repeated failure to follow proper filing procedures after being ordered to do

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so, as well as her failure to respond to the court’s show cause orders, is conduct tantamount to bad

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faith. The court therefore finds good cause to sanction her.

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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that Dennise Henderson is sanctioned a total of

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$250.00 based upon the willful disobedience of this court’s orders. Dennise Henderson shall pay

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$250.00 to the Clerk of Court within twenty-one (21) days of the date of this order.

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Dated: July 24, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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17.1121.sanc

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