Nix v. Anka Behavioral Health, Inc.

Filing 92

ORDER vacating 90 Order to Show Cause. The 04/02/12 order to show cause hearing is vacated. Plaintiff's counsel may expect the imposition of monetary sanctions for any future violations of this Court's orders or local rules. Signed by Judge Thelton E. Henderson on 03/28/12. (tehlc3, COURT STAFF) (Filed on 3/28/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 JULIE CARLSON, 6 Plaintiff, NO. C10-3914 TEH 7 v. 8 ANKA BEHAVIORAL HEALTH, INC., ORDER VACATING ORDER TO SHOW CAUSE 9 Defendant. 11 For the Northern District of California United States District Court 10 12 On March 19, 2012, this Court entered an order to show cause against Plaintiff’s 13 counsel for failure to pay the Special Master’s fees. Mr. Joseph Sutton, one of Plaintiff’s 14 counsel, filed a timely response to the order to show cause on March 26, 2012, stating that 15 payment had since been made and attributing the delay to staffing transitions. While this is 16 not an entirely credible explanation given the Special Master’s contention that he sent 17 counsel monthly invoices for services incurred beginning in October 2011, the Court will 18 nonetheless accept Mr. Sutton’s regret at this time, as well as his affirmation that he will 19 “diligently adhere to all orders of this Court in the future.” Response at 1. Accordingly, the 20 April 2, 2012 order to show cause hearing is hereby VACATED. Plaintiff’s counsel may 21 expect the imposition of monetary sanctions for any future violations of this Court’s orders 22 or local rules. 23 24 IT IS SO ORDERED. 25 26 Dated: 03/28/12 27 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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