Howrey LLP et al v. 1875/1925 Century Park East Company

Filing 14

ORDER re Sanctions. Signed by Judge James Donato on 1/5/2016. (jdlc1S, COURT STAFF) (Filed on 1/5/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8

THE OFFICIAL COMMITTEE OF
UNSECURED CREDITORS OF HOWREY,
LLP and ALLAN B. DIAMOND,
TRUSTEE,

9
10

United States District Court
Northern District of California

11
12

Appellants,

Case No. 15-cv-03937-JD
ORDER RE SANCTIONS
Re: Dkt. No. 11

v.
1875/1925 CENTURY PARK EAST CO.,
Appellee.

13
14

On December 17, 2015, the Court issued an order directing appellee’s attorney Brian

15

Huben “to show cause in writing why the Court should not impose monetary sanctions pursuant to

16

its inherent powers for his failure to appear at a case management conference in this matter” on

17

Wednesday, December 16, 2015. Dkt. No. 11. Mr. Huben’s response was due Tuesday,

18
19
20
21
22
23
24
25
26
27
28

December 22, 2015. He did not respond until December 30, 2015. Dkt. No. 13.
The response fails to show good cause. Mr. Huben is consequently sanctioned in the
amount of $350.00 to be paid to the Clerk of the Court, Office of the Clerk, United States District
Court, 450 Golden Gate Avenue, San Francisco, CA 94102-3489, by February 12, 2016. The
Court notes that Mr. Huben also has not explained his failure to keep his ECF information current
as required by Civil Local Rule 5-1(c)(3). The Court expects that it will not see further unexcused
absences or lapses of diligence on counsel’s part. The Court will impose more serious disciplinary

1
2
3

measures if they continue to occur.
IT IS SO ORDERED.
Dated: January 5, 2016

4
JAMES DONATO
United States District Judge

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2