Nix v. Anka Behavioral Health, Inc.
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
NO. C10-3914 TEH
ANKA BEHAVIORAL HEALTH,
ORDER VACATING ORDER TO
For the Northern District of California
United States District Court
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.
24 IT IS SO ORDERED.
26 Dated: 03/28/12
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT
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