Opinion
Case No. CIV-F-04-6556 REC SMS.
February 23, 2006
James D. Weakley, Esq., Bar No. 082853, Erica M. Camarena, Esq., Bar No. 227981, The Law Firm of Weakley, Ratliff, Arendt McGuire, LLP, Attorney for Defendant, City of Fresno.
ORDER REGARDING DEFENDANT CITY OF FRESNO'S MOTION FOR SANCTIONS
The City of Fresno's Motion for Sanctions was heard by the Court on January 20, 2006. Plaintiff appeared by her counsel, Kevin Little. The City of Fresno appeared by its counsel, James D. Weakley. Brian Twedt appeared by his attorney, Gregory L. Myers.
The Court reviewed the Motion for Sanctions, the Defendant's Notice of Plaintiff's Non-Opposition, and plaintiff's opposition. The Court had not yet reviewed the reply to plaintiff's opposition. Oral arguments were heard. The Court orders as follows:
Defendant's request that the plaintiff not be heard for not filing an opposition to the motion is DENIED.
The defendant's Motion for Sanctions for Failure to Comply with a Court Order is GRANTED. Sanctions in the amount of $2,500.00 are ordered. The sanctions are stayed until the conclusion of this case. At that time, the Court will determine if the sanctions will be enforced.
The Court orders plaintiff to appear for an Independent Mental Examination with Harold L. Seymour, Ph.D. on or before February 10, 2006. The examination will be audio-recorded. No third party, including counsel, is permitted to attend the examination.
IT IS SO ORDERED.