Johnson v. Patel et al

Filing 44

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/27/19 ORDERING that Defendants are sanctioned $250, for the cost of Plaintiff's counsel's court appearance, to be paid to Plaintiff's counsel within twenty-one (21) days of this order. The Judgment-Debtor Examination and Show Cause Hearing is RESCHEDULED for 1/8/2020. (Mena-Sanchez, L)

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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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Plaintiff,

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No. 2:17-cv-00573-KJM-CKD

v.

ORDER

HASMUKHBAI PATEL AND
DAMYANTIBAN PATEL,
Defendants.

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On September 18, 2019, the court held a judgment-debtor examination and show cause

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hearing in this matter. Plaintiff appeared by counsel and defendants, who proceed without

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counsel, failed to appear. Defendants have failed to appear at two previous judgment-debtor

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examinations. (ECF Nos. 27, 31.)

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Plaintiff has requested that the hearing be continued, and that he be awarded costs for his

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counsel’s appearance at the most recent hearing. The court has considered what sanctions would

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be appropriate at this juncture. In light of defendants’ pro se status, and the court’s desire to

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resolve the action on the merits, the court first attempts lesser sanctions by issuing an order

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imposing monetary sanctions. Given that defendants are proceeding without counsel, the

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monetary sanctions imposed are necessarily minimal.

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Accordingly, IT IS HEREBY ORDERED that:

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Defendants are sanctioned $250, for the cost of plaintiff’s counsel’s court

appearance, to be paid to plaintiff’s counsel within twenty-one (21) days of this order.

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2.

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January 8, 2020.

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The judgment-debtor examination and show cause hearing is rescheduled for

IT IS SO ORDERED.
Dated: September 27, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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