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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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YVETTE FELARCA, ET AL.,
Case No. 11-cv-05719-YGR
Plaintiffs,
ORDER RE: FAILURE TO PAY SANCTIONS
AND STRIKING OVER-LIMIT PAGES OF
BRIEF
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v.
United States District Court
Northern District of California
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ROBERT J. BIRGENEAU, ET AL.,
Defendants.
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On August 11, 2015, the Court issued an Order To Show Cause (“OSC”) why it should not
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impose monetary sanctions of $200.00 and/or strike all pages over 25 in Plaintiffs’ brief filed July
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30, 2015 (Dkt. No. 458, correcting Dkt. No. 452).
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After reviewing Plaintiffs’ response to the OSC, on August 19, 2015, this Court issued its
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Order Directing Plaintiffs’ Counsel to Pay Sanctions. (Dkt. No. 496.) Plaintiffs were ordered to
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pay $200 in sanctions to the Court no later than September 4, 2015, due to their repeated failure to
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comply with Court rules and orders, and specifically for their filing of an over-length brief not in
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compliance with Civil Local Rules 7-4(b) and 7-11. The Court set a compliance hearing to
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confirm payment of the sanctions for Friday, September 11, 2015, at 9:01 a.m.
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Plaintiffs failed to comply with the Court’s August 19, 2015, Order to pay sanctions. They
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likewise failed to appear at the compliance hearing on September 11, 2015.
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When the Court issued its Order requiring Plaintiffs to pay sanctions, it considered it to be
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the most reasonable sanction to impress upon the Plaintiffs the obligation to follow the Court's
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rules without impacting the substance underlying the merits of the action. Plaintiffs have again
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chosen to ignore the Court's order. As a direct result of Plaintiffs’ action, the Court is left with no
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alternative other than to impose the more severe, substantive sanction.
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Accordingly, Plaintiffs are hereby on notice that unless the monetary sanctions are paid
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and received by Clerk's Office by the close of business on Monday, September 14, 2015, the Court
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shall strike all pages over 25 in Plaintiffs’ brief filed July 30, 2015 (excepting the signature block).
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IT IS SO ORDERED.
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Dated: September 11, 2015
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT
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United States District Court
Northern District of California
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