Precision Glassworks, Inc. v. Big Al's et al

Northern District of California, cand-4:2015-cv-03227

ORDER IMPOSING SANCTIONS. Signed by Judge Haywood S. Gilliam, Jr. on 5/16/2016.

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 PRECISION GLASSWORKS, INC., Case No. 15-cv-03227-HSG Plaintiff, 11 ORDER IMPOSING SANCTIONS v. 12 Northern District of California United States District Court 13 ALI GHANNAM, et al., Defendants. 14 15 "Failure by counsel or a party to comply with any duly promulgated local rule or any 16 Federal Rule may be a ground for imposition of any authorized sanction." N.D. Cal. L-R 1-4. 17 In failing to appear at the initial case management conference held on October 13, 2015, 18 Mr. Higginbotham was in clear violation of the Civil Local Rules for the Northern District of 19 California. See Civil L.R. 16–10(a) (requiring lead trial counsel to attend the initial case 20 management conference, absent excuse from the Court). Additionally, while Mr. Higginbotham 21 claims he reached an agreement with Plaintiff's counsel to continue the deadline for filing an 22 answer, he failed to reduce that purported stipulation to writing and file it in accordance with 23 Local Rule 6-1(a)'s requirement that stipulations extending time "be promptly filed" with the 24 Court. On May 9, 2016, in response to the order to show cause, Defense counsel admitted that he 25 "failed to consider the Local Rule[s]" and that it had not occurred to him to appear at the case 26 management conference or file the stipulation. Dkt. No. 41. 27 Relying on the inherent authority to manage the Court's docket and ensure the orderly 28 disposition of this case, and for the reasons discussed at the April 28, 2016 hearing, IT IS 1 HEREBY ORDERED that Plaintiff's counsel is SANCTIONED for failing to comply with the 2 local rules. Plaintiff's counsel is ORDERED to pay $250 to the Clerk of the U.S. District Court 3 on or before May 31, 2016. Plaintiff's counsel shall bear this sanction personally, and SHALL 4 NOT bill Plaintiff for this $ 250 sanction. 5 IT IS SO ORDERED. 6 Dated: 5/16/2016 7 8 HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2