Felarca et al v. Birgeneau et al

Filing 501

ORDER RE: FAILURE TO PAY SANCTIONS AND STRIKING OVER-LIMIT PAGES OF BRIEF. Signed by Judge Yvonne Gonzalez Rogers on 9/11/15. (fs, COURT STAFF) (Filed on 9/11/2015)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

YVETTE FELARCA, ET AL.,

Case No. 11-cv-05719-YGR

Plaintiffs,
ORDER RE: FAILURE TO PAY SANCTIONS
AND STRIKING OVER-LIMIT PAGES OF
BRIEF

10
v.

United States District Court
Northern District of California

11
12

ROBERT J. BIRGENEAU, ET AL.,
Defendants.

13
14
On August 11, 2015, the Court issued an Order To Show Cause (“OSC”) why it should not
15
impose monetary sanctions of $200.00 and/or strike all pages over 25 in Plaintiffs’ brief filed July
16
30, 2015 (Dkt. No. 458, correcting Dkt. No. 452).
17
After reviewing Plaintiffs’ response to the OSC, on August 19, 2015, this Court issued its
18
Order Directing Plaintiffs’ Counsel to Pay Sanctions. (Dkt. No. 496.) Plaintiffs were ordered to
19
pay $200 in sanctions to the Court no later than September 4, 2015, due to their repeated failure to
20
comply with Court rules and orders, and specifically for their filing of an over-length brief not in
21
compliance with Civil Local Rules 7-4(b) and 7-11. The Court set a compliance hearing to
22
confirm payment of the sanctions for Friday, September 11, 2015, at 9:01 a.m.
23
Plaintiffs failed to comply with the Court’s August 19, 2015, Order to pay sanctions. They
24
likewise failed to appear at the compliance hearing on September 11, 2015.
25
When the Court issued its Order requiring Plaintiffs to pay sanctions, it considered it to be
26
the most reasonable sanction to impress upon the Plaintiffs the obligation to follow the Court's
27
rules without impacting the substance underlying the merits of the action. Plaintiffs have again
28

1

chosen to ignore the Court's order. As a direct result of Plaintiffs’ action, the Court is left with no

2

alternative other than to impose the more severe, substantive sanction.

3

Accordingly, Plaintiffs are hereby on notice that unless the monetary sanctions are paid

4

and received by Clerk's Office by the close of business on Monday, September 14, 2015, the Court

5

shall strike all pages over 25 in Plaintiffs’ brief filed July 30, 2015 (excepting the signature block).

6

IT IS SO ORDERED.

7

Dated: September 11, 2015

8
9

______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT

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