Moore, et al v. USA Doc.

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Case 2:04-cv-00423-FCD-JFM Document 16 Filed 06/09/2005 Page 1 of 2

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9 UNITED STATES DISTRICT COURT
10 EASTERN DISTRICT OF CALIFORNIA
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DAVID MOORE, et al.,
13 NO. CIV. S-04-0423 FCD JFM
Plaintiffs,
14 SANCTIONS ORDER AND
ORDER RE: MOTION FOR SUMMARY
15 JUDGMENT
v.
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UNITED STATES OF AMERICA,
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Defendant.
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20 Pursuant to the court’s Further Order to Show (“OSC”), filed
21 June 1, 2005, the court directed plaintiffs’ counsel, William C.
22 Callaham, to file a response to the OSC and a response to
23 defendant’s pending motion for summary judgment on or before
24 June 8, 2005. No response was filed.
25 As such and pursuant to the June 1 OSC, the court sanctions
26 plaintiffs’ counsel $300.00 for failure to file the appropriate
27 responses. Payment should be in the form of a check made payable
28 to the Clerk of the Court. The sum is to be paid personally by

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 Case 2:04-cv-00423-FCD-JFM Document 16 Filed 06/09/2005 Page 2 of 2

1 plaintiffs’ counsel not later than 10 days from the filing of

2 this sanctions order. The sanction is personal to the attorney,
3 is to be borne by him personally, and is not to be transmitted to
4 the client by way of a charge of attorneys’ fees and/or costs.
5 Counsel shall also review the Civil Rules of the Local Rules of
6 the Eastern District Court of California in their entirety within
7 30 days of the filing of this order, and shall, not later than 30
8 days from the filing of this order, file a declaration attesting
9 to his compliance with the order.
10 The court further GRANTS defendant’s motion for summary
11 judgment, filed on March 29, 2005, on the basis of plaintiffs’
12 non-opposition thereto.
13 IT IS SO ORDERED.
14 DATED: June 9, 2005.
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17 /s/ Frank C. Damrell Jr.
FRANK C. DAMRELL, Jr.
18 UNITED STATES DISTRICT JUDGE
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