Securities and Exchange Commission v. Fujinaga et al

Filing 42

ORDER that sanctions, including monetary sanctions and a recommendation for civil contempt, shall not be imposed on Blaine T. Welsh, Gerald W. Hodgkins, Gregory G. Faragasso, Richard E. Simpson, and Robert I. Dodge. Signed by Magistrate Judge Carl W. Hoffman on 01/28/2014. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7
8
9
10
11

SECURITIES AND EXCHANGE COMMISSION, )
)
Plaintiff,
) Case No. 2:13-cv-01658-JCM-CWH
)
vs.
) ORDER
)
EDWIN YOSHIHIRO FUJINAGA, et al.,
)
)
Defendants.
)
)

12
This matter is before the Court on Blaine T. Welsh’s Response to the Order to Show
13
Cause (#35), filed on January 24, 2014. It is also before the Court on Gerald W. Hodgkins,
14
Gregory G. Faragasso, Richard E. Simpson, and Robert I. Dodge’s Response to the Order to
15
Show Cause (#37), filed on January 25, 2014, and Notice (#34), filed on January 23, 2014. On
16
January 7, 2014, the Court issued an Order granting with modifications the parties’ Proposed
17
Discovery Plan and Scheduling Order (#29). See Order #30. In doing so, the Court noted that
18
the parties failed to comply with Local Rule (“LR”) 26-1. Accordingly, the Court ordered all
19
counsel of record to submit a notice to the court by January 21, 2014 certifying that they have
20
reviewed the corrections listed in the order in addition to LR 26-1. The above-noted attorneys
21
failed to comply with the Court’s Order. Accordingly, the Court issued an Order to Show Cause
22
why Blaine T. Welsh, Gerald W. Hodgkins, Gregory G. Faragasso, Richard E. Simpson, and
23
Robert I. Dodge should not be sanctioned.
24
After careful review of the response briefs and certification, the Court finds that no
25
sanctions are warranted at this time. Blaine T. Welsh, Gerald W. Hodgkins, Gregory G.
26
Faragasso, Richard E. Simpson, and Robert I. Dodge promptly responded to the Court’s Order to
27
Show Cause and explained that the failure to comply was due to an unintentional oversight given
28
their limited involvement in the case.

1

Based on the foregoing and good cause appearing therefore,

2

IT IS HEREBY ORDERED that sanctions, including monetary sanctions and a

3

recommendation for civil contempt, shall not be imposed on Blaine T. Welsh, Gerald W.

4

Hodgkins, Gregory G. Faragasso, Richard E. Simpson, and Robert I. Dodge for their failure to

5

comply with a court order in violation of Federal Rule of Civil Procedure 16(f) and Local Rule

6

IA 4-1.

7

DATED this 28th day of January, 2014.

8
9
10

C.W. Hoffman, Jr.
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-