Jugoz v. Experian Information Solutions, Inc. et al
Filing
73
ORDER TO SHOW CAUSE WHY MONETARY SANCTIONS SHOULD NOT BE IMPOSED. Plaintiff is ordered to show cause in writing, no later than August 2, 2017, why monetary sanctions should not be imposed. Signed by Judge Maxine M. Chesney on 07/26/17. (mmclc2, COURT STAFF) (Filed on 7/26/2017)
1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6
7
RUDOLPH JUGOZ,
Plaintiff,
8
9
10
11
v.
EXPERIAN INFORMATION
SOLUTIONS, INC., et al.,
Case No. 16-cv-05687-MMC
ORDER TO SHOW CAUSE WHY
MONETARY SANCTIONS SHOULD
NOT BE IMPOSED
Re: Dkt. No. 70
United States District Court
Northern District of California
Defendants.
12
13
By order filed July 17, 2017, the Court found plaintiff had violated the Civil Local
14
Rules of this District and the Court’s Standing Orders by failing to provide a chambers
15
copy of his amended complaint, see Civil L.R. 5-1(e)(7); Standing Orders For Civil Cases
16
Assigned to The Honorable Maxine M. Chesney ¶ 2, and directed plaintiff to submit a
17
chambers copy of that document no later than July 24, 2017. By said order, the Court
18
advised plaintiff that if no chambers copy was submitted by July 24, 2017, the amended
19
complaint would be stricken from the record. To date, no such chambers copy has been
20
submitted.
21
The Court has repeatedly advised plaintiff of his failure to comply with the Civil
22
Local Rules of this District and the Court’s Standing Orders and warned plaintiff that
23
sanctions may be imposed, including, but not limited to, striking from the record any
24
further electronically filed document for which a chambers copy has not been timely
25
provided to the court. (See Order, filed July 17, 2017; Order, filed Dec. 8, 2016; Order,
26
filed Nov. 1, 2016.) Despite those reminders and warnings, plaintiff has again failed to
27
provide a chambers copy to the court.
28
Under such circumstances, the Court finds it appropriate to impose sanctions.
1
See Civil L.R. 1-4 (providing “[f]ailure by counsel or a party to comply with any duly
2
promulgated local rule or any Federal Rule may be a ground for imposition of any
3
authorized sanction”).
4
As to the form of those sanctions, the Court notes that the procedural posture of
5
the action has changed since the Court issued its July 17, 2017 order. In particular,
6
although, at the time of the Court’s order, no response had been filed to plaintiff’s
7
amended complaint, defendant Experian Information Solutions, Inc. thereafter filed an
8
answer. Given the current status of the pleadings, the Court finds the imposition of
9
monetary sanctions more appropriate than an order striking plaintiff’s amended
10
United States District Court
Northern District of California
11
12
complaint.
Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE in writing, no later
than August 2, 2017, why monetary sanctions should not be imposed.
13
14
IT IS SO ORDERED.
15
16
Dated: July 26, 2017
MAXINE M. CHESNEY
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?