Schnell v. Commissioner of Social Security

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/2018 GRANTING plaintiff's counsel's 5 motion for reconsideration. The portion of the court's 1/2/2018 order imposing monetary sanctions on plaintiff's counsel is VACATED. All other portions of the court's 1/2/2018 order remain effective. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATHAN M.D. SCHNELL,

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No. 2:17-cv-1941-KJN

Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,

ORDER

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Defendant.

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On October 27, 2017, the court denied plaintiff’s motion to proceed in forma pauperis and

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directed plaintiff to pay the applicable filing fee within 28 days, noting that the court would

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entertain a request for a reasonable extension of time to pay the fee should such an extension be

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necessary. (ECF No. 3.) However, plaintiff was expressly cautioned that failure to timely pay

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the filing fee, or timely request an extension of time to do so, may result in dismissal of the action

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pursuant to Federal Rule of Civil Procedure 41(b). (Id.)

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Plaintiff, who is represented by counsel, ultimately failed to either pay the filing fee or

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request an extension of time. Consequently, on January 2, 2018, in an attempt to avoid the harsh

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sanction of dismissal, the court first imposed $250.00 in monetary sanctions against plaintiff’s

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counsel personally based on his failure to comply with court orders and deadlines. (ECF No. 4.)
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The court also provided plaintiff with an additional fourteen (14) days to either pay the applicable

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filing fee or file a request for voluntary dismissal of the action without prejudice. (Id.)

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Thereafter, on January 3, 2018, plaintiff’s counsel promptly moved for reconsideration of

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the portion of the court’s January 2, 2018 order imposing monetary sanctions on counsel. (ECF

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No. 5.) Counsel outlined the numerous unsuccessful efforts he had made to communicate with

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plaintiff regarding the court’s October 27, 2017 order; represented that he had not understood the

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court’s prior order to require a further filing under such circumstances; apologized for any

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inconvenience; and indicated that he would otherwise comply with the court’s order to either pay

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the filing fee or voluntarily dismiss the case within the time prescribed in the court’s January 2,

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2018 order. (Id.)

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Good cause having been shown, IT IS HEREBY ORDERED that:

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1. Plaintiff’s counsel’s motion for reconsideration (ECF No. 5) is GRANTED.

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2. The portion of the court’s January 2, 2018 order imposing monetary sanctions on

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plaintiff’s counsel is VACATED.
3. All other portions of the court’s January 2, 2018 order remain effective.
Dated: January 5, 2018

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