Phillips v. IMS Loans, Inc.

Filing 10

ORDER FOR SANCTIONS AND FURTHER ORDER TO SHOW CAUSE signed by Judge Frank C. Damrell, Jr on 3/29/10: Plaintiff's counsel, Mr. Stephen Collette, is ordered to pay sanctions in the amount of $150.00 for his failure to file a response to the O rder to Show Cause filed on February 1, 2010. The sum is to be paid personally by plaintiff's counsel not later than fourteen (14) days from the filing of this Order for Sanctions. Plaintif's counsel is further ordered to show cause why he should not be sanctioned an additional $300.00 for his failure to respond to legal deadlines and the court's orders, and why plaintiff's case should not be dismissed for failure to prosecute. HEARING as to 6 Motion to Dismiss RESET for 5/21/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DONNA PHILLIPS, Plaintiff, v. IMS LOANS, et. al., Defendants. ----oo0oo---On February 1, 2010, plaintiff's counsel, Mr. Stephen UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---NO. CIV. S-09-3112 FCD EFB ORDER FOR SANCTIONS AND FURTHER ORDER TO SHOW CAUSE 20 Collette, was ordered to show cause why he should not be 21 sanctioned in the amount of $150.00 for failing to file an 22 opposition or notice of non-opposition to defendant's motion in 23 compliance with Local Rule 230(c). The court ordered counsel to 24 file his response to the Order to Show Cause on or before March 25 26, 2010. As of today's date, a response has not been filed, and 26 therefore, the court makes the following orders: 27 1. Plaintiff's counsel, Mr. Stephen Collette, is ordered 28 to pay sanctions in the amount of $150.00 for his failure to file 1 a response to the Order to Show Cause filed on February 1, 2010. 2 Payment should be in the form of a check made payable to the 3 Clerk of the Court. The sum is to be paid personally by 4 plaintiff's counsel not later than fourteen (14) days from the 5 filing of this Order for Sanctions. 6 2. Plaintiff's counsel is further ordered to show cause 7 why he should not be sanctioned an additional $300.00 for his 8 failure to respond to legal deadlines and the court's orders, and 9 why plaintiff's case should not be dismissed for failure to 10 prosecute. 11 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3. The hearing currently set for April 9, 2010 is VACATED, 12 and RESET for May 21, 2010 at 10:00 a.m. in Courtroom #2. IT IS SO ORDERED. 14 DATED: March 29, 2010 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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