Celestine v. FCA US LLC

Filing 81

ORDER to ALL COUNSEL OF RECORD and the PARTIES to APPEAR and SHOW CAUSE Why Sanctions Should Not Be Imposed, signed by Magistrate Judge Jennifer L. Thurston on 7/15/2019. Show Cause Hearing set for 8/2/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY CELESTINE,

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Plaintiff,
v.

Case No.: 2:17-cv-00597 - JLT
ORDER TO ALL COUNSEL OF RECORD AND
THE PARTIES TO APPEAR AND SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED

FCA US LLC,
Defendant.

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On July 15, 2019, the Court, court staff—two of which were redirected from their normal duties

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in Fresno to assist in the trial—and the jury members were ready to proceed to trial, but no attorney or

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party appeared. When the Courtroom Deputy Clerk telephoned plaintiff’s counsel, she was told that the

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case settled on July 1, 2019.

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The attorneys and the parties did not file a notice of settlement at that time. Despite that the

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Court issued an order related to the jury trial on July 2, 2019 (Doc. 79), once again, the attorneys and

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the parties did not file a notice of settlement. Despite the passage of two weeks since the case settled,

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the attorneys and the parties did not file a notice of settlement.

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Local Rule 160(a) provides,

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When an action has been settled or otherwise resolved by agreement of the parties, or
when any motion seeking general or interim relief has been resolved by agreement
outside of Court, and whether the action is pending in the District Court or is before an
appellate court, it is the duty of counsel to immediately file a notice of settlement or
resolution.

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Local Rule 272 states,
If for any reason attributable to counsel or parties, including settlement, the Court is
unable to commence a jury trial as scheduled when a panel of prospective jurors has
reported for voir dire, the Court may assess against counsel or parties responsible all or
part of the cost of the panel.

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Thus, all attorneys of record and the parties are ordered to appear on August 2, 2019 at 9:00 a.m. to

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show cause why they should not be sanctioned for the fees and expenses of summoning a jury, for the

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costs and expenses of extra court staff being on hand for the jury trial of this action, for the waste of

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judicial resources this conduct imposed and for their failure to comply with the Court’s Local Rules.

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IT IS SO ORDERED.
Dated:

July 15, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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