Daniels v. Unum Life Insurance Company of America et al

Filing 153

ORDER IMPOSING SANCTIONS. Signed by Magistrate Judge Bernard Zimmerman on 1/7/2009. (bzsec, COURT STAFF) (Filed on 1/8/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNUM LIFE INSURANCE COMPANY OF AMERICA, et al., Defendant(s). KATHLEEN Y. DANIELS, Plaintiff(s), UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. C06-6348 MHP (BZ)

ORDER IMPOSING SANCTIONS

On December 2, 2008, I ordered plaintiff to show cause why she should not be held in contempt or otherwise sanctioned for failing to appear at the December 2, 2008 settlement conference. Plaintiff filed a written response on December 15, 2008. Defendants filed their own response, requesting plaintiff be sanctioned for not attending the settlement conference. The Order To Show Cause was heard on January 7, 2009. Plaintiff appeared personally as did Horace Green, Esq. representing defendants. Having considered the written and 1

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oral arguments of both parties I find that plaintiff has failed to justify substantially her non-appearance. Essentially, her

explanation is that she thought that at a November 17, 2008 hearing, Judge Patel stayed the settlement conference while she was trying to find new counsel through the court's Pro Bono Assistance Program and that she did not think a settlement conference would be productive until she had new counsel. However, plaintiff could not satisfactorily explain why, on October 29, 2008, she opposed defendants' request to continue the December 2, 2008 settlement conference. Nor could she

satisfactorily explain why, when she received Mr. Green's settlement conference statement dated November 24, 2008 and learned that Mr. Green believed that the settlement conference was still on calendar for December 2, she did not communicate her purported confusion to Mr. Green. As he stated during the

hearing, he would have gladly stipulated to continuing the settlement conference, which he had earlier tried to continue by motion over Ms. Daniels' opposition. Finally, nothing I can

find in the record justifies her belief that Judge Patel stayed all proceedings. state only: The minutes of the November 17, 2008 hearing

"Discovery stayed until 12/8/2008."

For all these reasons, sanctions are warranted pursuant to Rule 16(f) for plaintiff's failure to appear at the settlement conference as ordered by the Court. Defendants' proposed

sanction of $2,133.00, representing Mr. Green's time in preparing for and attending the settlement conference, is appropriate. Mr. Green has documented his time and

it appears that the requested fees were incurred reasonably 2

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because of plaintiff's non-compliance. It is therefore ORDERED that plaintiff pay defendants $2,133.00 representing the costs Mr. Green reasonably incurred in preparing for and attending the December 2, 2008 settlement conference. The Order to Show Cause is otherwise DISCHARGED.

Dated: January 7, 2009 Bernard Zimmerman

United States Magistrate Judge

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