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Reyes v. GMAC Mortgage, LLC

United States District Court, E.D. California
Dec 3, 2010
NO. CIV. S-10-1652 LKK/JFM (E.D. Cal. Dec. 3, 2010)

Opinion

NO. CIV. S-10-1652 LKK/JFM.

December 3, 2010


ORDER


On November 12, 2010, the Court sanctioned plaintiffs' counsel in the amount of $150 and dismissed plaintiffs' complaint due to plaintiffs' failure to oppose defendant's motion to dismiss and to respond to an earlier order to show cause. (ECF No. 14). Also in this order, the Court ordered plaintiffs' counsel to show cause why a fine of $1000 should not issue for his failure to oppose the motion to dismiss a second time and to respond to an earlier order to show cause.

On November 22, 2010, plaintiffs' counsel expressed that, "The Court's censure and admonishment on this matter is taken to heart and well received." He took "full responsibility" for his conduct. He nonetheless requested that the court reconsider issuing a $1000 fine due to his firm's financial situation. Further, he has indicated that his firm has restructured to prevent such actions from occurring in the future.

While the Court does not find that plaintiffs' counsel acted with good cause, it finds that the Court's November 12, 2010 sanction of $150 is sufficient to deter future misconduct. Moreover, the Court AMENDS its November 12, 2010 order to allow plaintiffs' counsel to pay the $150 sanction in monthly increments so long as the first payment is made on or before December 12, 2010 and the entire sanction is paid within one (1) year of the issuance of this order.

The Court FURTHER ORDERS that plaintiffs' counsel shall provide plaintiffs with copies of the Court's November 1, 2010 and November 12, 2010 (ECF Nos. 12, 14) orders as well as this order within fourteen (14) days of the issuance of this order. Plaintiffs' counsel shall file an affidavit by that date indicating that he has provided plaintiffs with these orders.

IT IS SO ORDERED.

DATED: December 3, 2010.


Summaries of

Reyes v. GMAC Mortgage, LLC

United States District Court, E.D. California
Dec 3, 2010
NO. CIV. S-10-1652 LKK/JFM (E.D. Cal. Dec. 3, 2010)
Case details for

Reyes v. GMAC Mortgage, LLC

Case Details

Full title:FELICITO GARCIA REYES and CAROLINA LAURENTE REYES, Plaintiffs, v. GMAC…

Court:United States District Court, E.D. California

Date published: Dec 3, 2010

Citations

NO. CIV. S-10-1652 LKK/JFM (E.D. Cal. Dec. 3, 2010)