Donatell v. City of Las Vegas et al

Filing 110

ORDER re 106 Order to Show Cause. IT IS ORDERED that the show cause hearing is hereby VACATED. IT IS FURTHER ORDERED that the Court finds a further warning insufficient and will SANCTION Mr. Byrnes in a court fine of $50. Payment of the court fine shall be made to the Clerk, U.S. District Court no later than 8/21/17. Mr. Byrnes is also ordered to file a proof of payment on the docket by that date. In all other respects, the order to show cause is hereby DISCHARGED. Signed by Magistrate Judge Nancy J. Koppe on 8/14/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JUDY DONATELL, et al.,
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Plaintiff(s),
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vs.
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THE CITY OF LAS VEGAS, et al.,
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Defendant(s).
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Case No. 2:15-cv-02334-RFB-NJK
ORDER

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Pending before the Court is an order to show cause arising out of the improper filing of a

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stipulation containing the full name of the minor involved in this case. Docket No. 99. The Court has

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received responses from the subject attorneys. Docket Nos. 100, 107-09. The Court set a show cause

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hearing on the matter for August 16, 2017, see Docket No. 106, which is hereby VACATED.

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As the order to show cause outlines, the Court has repeatedly instructed the parties and counsel

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to cease filing documents with the full name of the minor. See Docket Nos. 54, 69, 71 (discussing

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Special Order No. 108, Fed. R. Civ. P. 5.2(a), and Local Rule IC 6-1(a)(2)).1 The Court has also warned

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that failure to comply with that directive may result in the imposition of sanctions. See Docket Nos. 54,

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69, 71. In response to the order to show cause, attorney Philip Byrnes acknowledges that he erred in

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filing the stipulation at issue. Docket No. 100. The Court certainly appreciates Mr. Byrnes’ candor, as

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The current version of the local rules became effective on May 1, 2016, and Local Rule IC 6-1
superseded Special Order No. 108.

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well as his assurances that similar issues will not arise in the future. At the same time, the Court has

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already provided three warnings on this issue, which proved insufficient to avoid continued filing of

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documents containing the minor’s full name. As such, the Court finds a further warning insufficient and

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will SANCTION Mr. Byrnes in a court fine of $50.2 Payment of the court fine shall be made to the

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“Clerk, U.S. District Court” no later than August 21, 2017. Mr. Byrnes is also ordered to file a proof

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of payment on the docket by that date.

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With respect to Ms. Brookhyser and Mr. Potter, the Court has now explained that they are

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responsible for the contents of stipulations bearing their signatures. Docket No. 106. The Court herein

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CAUTIONS Ms. Brookhyser and Mr. Potter that they must ensure that the filed documents that they

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sign (including stipulations) comply with the Court’s orders, Rule 5.2(a) of the Federal Rules of Civil

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Procedure, and Local Rule IC 6-1(a)(2). Future failure to do so may result in the imposition of

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sanctions.

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In all other respects, the order to show cause is hereby DISCHARGED.

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IT IS SO ORDERED.

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DATED: August 14, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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This sanction is imposed for the violating the Local Rules and previous Court orders. See Fed. R.
Civ. P. 16(f)(1)(C) (sanctions for failure to comply with pretrial orders); Local Rule IA 11-8(d) (sanctions
for failure to comply with any order); Local Rule IA 11-8(c) (sanctions for failure to comply with local
rules).
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