Opinion
21-CV-1134-WQH(BLM)
04-12-2022
UNITED STATES OF AMERICA, Plaintiff, v. $1,152,366.18 IN FUNDS FROM BENDURA BANK AG, PORTFOLIO No. XX5.280, HELD IN THE NAME OF GOLDEN CASTLE TECHNOLOGY LIMITED, et al., Defendants.
ORDER VACATING ORDER TO SHOW CAUSE HEARING AND DECLINING TO IMPOSE SANCTIONS
Hon. Barbara L. Major, United States Magistrate Judge
On February 8, 2022, the Court issued an order setting an Early Neutral Evaluation Conference (“ENE”) for March 14, 2022. ECF No. 27. The order stated in relevant part:
The Court later continued the ENE to March 23, 2022. See ECF Nos. 30, 31.
All parties, adjusters for insured parties, and other representatives of a party having full and complete authority to enter into a binding settlement, and the principal attorneys responsible for the litigation, must be present via videoconference and legally and factually prepared to discuss settlement of the case. Counsel appearing without their clients (whether or not counsel has been given settlement authority) will be cause for immediate imposition of sanctions and may also result in the immediate termination of the conference.Id. at 2.
On March 23, 2022, the Court held a videoconference ENE. ECF No. 33. Younes Nasri, Claimant, failed to appear. See ECF No. 35. Accordingly, the Court ordered Younes Nasri to appear before the Honorable Barbara L. Major on April 19, 2022 at 9:30 a.m. to show cause why sanctions should not be imposed for failing to follow this Court's order. Id. The Court further ordered Mr. Nasri to file a declaration regarding his failure to appear and the possible imposition of sanctions on or before April 12, 2022. Id. Mr. John C. Lemon, Mr. Nasri's counsel, filed a timely declaration on April 12, 2022. ECF No. 38.
Having reviewed the declaration, the Court declines to impose sanctions on Mr. Nasri and hereby VACATES the April 19, 2022 Order to Show Cause hearing.
IT IS SO ORDERED.