Filed: Sep. 27, 2019
Latest Update: Sep. 27, 2019
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . On September 18, 2019, the court held a judgment-debtor examination and show cause hearing in this matter. Plaintiff appeared by counsel and defendants, who proceed without counsel, failed to appear. Defendants have failed to appear at two previous judgment-debtor examinations. (ECF Nos. 27, 31.) Plaintiff has requested that the hearing be continued, and that he be awarded costs for his counsel's appearance at the most recent hearing. The court
Summary: ORDER CAROLYN K. DELANEY , Magistrate Judge . On September 18, 2019, the court held a judgment-debtor examination and show cause hearing in this matter. Plaintiff appeared by counsel and defendants, who proceed without counsel, failed to appear. Defendants have failed to appear at two previous judgment-debtor examinations. (ECF Nos. 27, 31.) Plaintiff has requested that the hearing be continued, and that he be awarded costs for his counsel's appearance at the most recent hearing. The court ..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
On September 18, 2019, the court held a judgment-debtor examination and show cause hearing in this matter. Plaintiff appeared by counsel and defendants, who proceed without counsel, failed to appear. Defendants have failed to appear at two previous judgment-debtor examinations. (ECF Nos. 27, 31.)
Plaintiff has requested that the hearing be continued, and that he be awarded costs for his counsel's appearance at the most recent hearing. The court has considered what sanctions would be appropriate at this juncture. In light of defendants' pro se status, and the court's desire to resolve the action on the merits, the court first attempts lesser sanctions by issuing an order imposing monetary sanctions. Given that defendants are proceeding without counsel, the monetary sanctions imposed are necessarily minimal.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants are sanctioned $250, for the cost of plaintiff's counsel's court appearance, to be paid to plaintiff's counsel within twenty-one (21) days of this order.
2. The judgment-debtor examination and show cause hearing is rescheduled for January 8, 2020.
IT IS SO ORDERED.
