Garnier v. Poway Unified School District et al

Filing 36

ORDER denying 31 Motion for Sanctions. Signed by Judge Larry Alan Burns on 1/26/2018. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER GARNIER,

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CASE NO. 16cv2630-LAB (AGS)
Plaintiff,

vs.
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ORDER DENYING MOTION FOR
SANCTIONS

POWAY UNIFIED SCHOOL DISTRICT,
et al.,
Defendants.

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Poway Unified asks for sanctions against Cory Briggs, Garnier’s attorney, for filing a

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motion for reconsideration under Fed. R. Civ. P. 60. When an attorney “multiplies the

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proceedings in any case unreasonably and vexatiously,” courts may require him to pay costs

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and fees. 28 U.S.C. § 1927. Garnier told Briggs he failed to file an opposition on time

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because his previous lawyer told him the wrong deadline. It was reasonable for Briggs to file

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a motion for reconsideration based on this fact. Although the Court found his arguments

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unpersuasive, Briggs didn’t engage in sanctionable conduct or bad faith. He filed a concise,

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five-page motion asking the Court to reconsider his client’s case since it wasn’t dismissed

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on the merits. The motion for sanctions is DENIED.

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IT IS SO ORDERED.
DATED: January 26, 2018

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HONORABLE LARRY ALAN BURNS
United States District Judge
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16cv2630