Opinion
NO. CIV. S-10-2799 LKK/KJN.
January 21, 2011
ORDER
On December 14, 2010, the court ordered counsel for defendants to show cause why sanctions, including a fine of $150 and/or judgment for plaintiff, should not issue for their failure to timely file an opposition or statement of non-opposition to plaintiff's motion for a preliminary injunction. See Doc. No. 21. Counsel failed to respond to the order to show cause. The court, thus, sanctioned counsel in the amount of $150.00. See Doc. No. 25. The court further ordered counsel for defendants to show cause why sanctions, including a fine of $1,000.00 and/or judgment for plaintiff, should not issue for their failure to timely respond to the order to show cause. Counsel timely filed two declarations in response. With respect to the instant order to show cause, Christopher Carr declared his belief that Matthew J. Pero was going to respond to the order and Matthew J. Pero declared his belief that Christopher Carr was going to respond to the order. Carr also attempted to explain his failure to timely file an opposition to plaintiff's motion. He indicated that he instructed his assistant to file the opposition on time, but she was unable to do so.
These explanations do not constitute good cause, but they may demonstrate an absence of bad faith. For this reason, the court hereby ORDERS that counsel for defendant is FURTHER SANCTIONED in the amount of three hundred and fifty ($350.00) dollars. This sum shall be paid to the Clerk of the Court no later than thirty (30) days from the date of this order. Counsel shall file an affidavit accompanying the payment of this sanction which states that it is paid personally by counsel, out of personal funds, and is not and will not be billed, directly or indirectly, to the client or in any way made the responsibility of the client as attorneys' fees or costs.
The combined sanction for the failure to file an opposition and to respond to the order to show cause totals $500.00
IT IS SO ORDERED.
DATED: January 21, 2011.