No. 2:16-CV-00505-KJM-AC.


United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 12101
Cause: 42 U.S.C. § 12101 Americans with Disabilities Act
Nature of Suit: 446 Civil Rights: Americans with Disabilities - Other
Source: PACER

Attorney(s) appearing for the Case

Robert McCarthy, Plaintiff, represented by David Wakefield , Law Offices of David C. Wakefield.

Saini Lodging Investment LLC, Defendant, represented by Cris C. Vaughan , Vaughan & Associates.


KIMBERLY J. MUELLER, District Judge.

On May 12, 2017, the parties represented that this case had settled. ECF No. 16. The court directed the parties to file dispositional documents by June 12, 2017. Minute Order, May 12, 2017, ECF No. 17. That deadline passed with no word from either party, which marked the second time both parties had disobeyed a court order. See Order to Show Cause ("OSC"), Oct. 25, 2016, ECF No. 10. Accordingly, the court again ordered counsel for both parties to show cause why they should not be sanctioned $250.00 each for failing to heed the court's order. OSC, June 22, 2017, ECF No. 18. Both parties timely responded. ECF Nos. 19, 22, 23. Counsel for defendant explained his client refused to sign the settlement agreement, which caused the parties to miss the court's deadline to file dispositional documents. ECG No. 22. Counsel for plaintiff explained his client signed all documents pertaining to the agreement on time. ECF No. 23.

Though these responses explain why dispositional documents were not filed by the court's deadline, neither counsel justified the failure to keep the court apprised or to request more time to file those documents. It is not the court's job to serve as a tickler system for the parties. Because this is the second time the court has had to issue an order to show cause, the court hereby SANCTIONS Mr. David Wakefield and Mr. Cris Vaughan in the amount of $250 each, payable to the Clerk of the Court within fourteen days. Neither attorney shall pass this expense on to their clients.


This order resolves ECF No. 18.


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