C.D.D.S. v. City of San Pablo

Filing 24

ORDER IMPOSING SANCTIONS AND FURTHER ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on 8/16/17. Show Cause Response due by 8/23/2017. (jjoS, COURT STAFF) (Filed on 8/16/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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CITY OF SAN PABLO,
Defendant.

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United States District Court
Northern District of California

ORDER IMPOSING SANCTIONS AND
FURTHER ORDER TO SHOW CAUSE

v.

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Case No. 17-cv-00414-JSW

C.D.D.S.,

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On July 31, 2017, the Court issued an order to show cause why counsel for Plaintiff, Lateef

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H. Gray, Esq., and counsel for Defendant, Claudia Leed, Esq., should not each be sanctioned

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$250.00 for failing to comply with the Court’s orders. (Dkt. No. 22.) Specifically, the Court

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noted that counsel had failed to file a timely joint case management statement and had filed an

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untimely request to continue the case management conference. Counsels’ responses were due by

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Friday, August 11, 2017.

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A.

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The Order to Show Cause Is Discharged as to Ms. Leed.
The Court has reviewed Ms. Leed’s response. By way of explanation, but not excuse, Ms.

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Leed indicates that on Friday, July 28, 2017, while she was on vacation, Mr. Gray contacted her

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requesting that she stipulate to continuing the case management conference. (Dkt. No. 23, at 2.)

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Ms. Leed agreed and revised the proposed stipulation and returned it to Mr. Gray. (Id.) Mr. Gray

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did not file the stipulation until the following Monday, July 31, 2017, after being contacted by the

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Court regarding the missing joint case management statement. (Id.)

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The Court notes that even had the stipulation been filed on Friday, July 28, 2017, it still

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would have been untimely. This Court’s May 19, 2017 order setting the case management

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conference provides that any request to reschedule the conference must be made at least ten

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cal
lendar days before the co
b
onference da (Dkt. No 20, at 2.)
ate.
o.

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Noneth
heless, in ligh of the circ
ht
cumstances d
described in Ms. Leed’s response, an given Ms.
nd

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ed’s
y
nition of the importance of complyin with the C
ng
Court’s order the Court
rs,
t
Lee apology and recogn

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HE
EREBY DISCHARGES the order to show cause as to Ms. L
e
Leed. Ms. Le is admon
eed
nished that

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goi forward, her obligati
ing
ions to comp with Cou orders ma not be del
ply
urt
ay
legated to an
nother

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atto
orney.

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B.

By cont
trast, the Co has not reviewed Mr Gray’s res
ourt
r
r.
sponse for th simple rea
he
ason that Mr.

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Mr. Gra Is Sanctio
ay
oned $250.00.

ay
iled
ccordingly, th Court HE
he
EREBY IMP
POSES sanct
tions in the a
amount of
Gra has not fi one. Ac
$25
50.00 on Mr Lateef H. Gray, Esq., for his failur to comply with this Co
r.
G
f
re
y
ourt’s May 1 2017
19,

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United States District Court
Northern District of California

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ord setting th case mana
der
he
agement con
nference in th action. M Gray sha pay that a
his
Mr.
all
amount to

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the Clerk of the Court by no later than Wednesday August 23, 2017, and h shall not p the
e
e
n
y,
,
he
pass

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am
mount of the sanctions on to his client
s
n
t.

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C.

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Mr. Gra Is Furthe Ordered to Show Caus Why Furt
ay
er
o
se
ther Sanction Should No Issue.
ns
Not
The Co
ourt’s prior order to show cause conc
o
w
cluded by sta
ating: “Coun are furth
nsel
her

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adm
monished that any future non-compl
e
liance with th Court’s o
he
orders (inclu
uding the Cou
urt’s

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standing orders will be me with appro
s)
et
opriate sanct
tions.” (Dkt No. 22, at 2.) As just d
t.
detailed, Mr
r.

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ay
d
w
urt’s order to show cause. Accordin
o
ngly, Mr. Lat H.
teef
Gra has failed to comply with the Cou

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Gra Esq. is ORDERED TO SHOW CAUSE why the Court s
ay,
O
T
C
y
should not im
mpose monetary

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san
nctions in the amount of $500.00 for failure to co
e
r
omply with C
Court orders Mr. Gray’s response
s.

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is due by Wedn
d
nesday, Aug 23, 2017
gust
7.

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Failure of Mr. Gray to respond to this order shall be me with addit
y
r
et
tional sanctio
ons.

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IT IS SO ORDER
S
RED.

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Da
ated: August 16, 2017
___
__________
___________
__________
________
JEF
FFREY S. W
WHITE
Un
nited States D
District Judg
ge

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