Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER TO SHOW CAUSE WHY MONETARY SANCTIONS SHOULD NOT BE IMPOSED Re: Dkt. No. 70 MAXINE M. CHESNEY , District Judge . By order filed July 17, 2017, the Court found plaintiff had violated the Civil Local Rules of this District and the Court's Standing Orders by failing to provide a chambers copy of his amended complaint, see Civil L.R. 5-1(e)(7); Standing Orders For Civil Cases Assigned to The Honorable Maxine M. Chesney 2, and directed plaintiff to submit a chambers copy of that docume
Summary: ORDER TO SHOW CAUSE WHY MONETARY SANCTIONS SHOULD NOT BE IMPOSED Re: Dkt. No. 70 MAXINE M. CHESNEY , District Judge . By order filed July 17, 2017, the Court found plaintiff had violated the Civil Local Rules of this District and the Court's Standing Orders by failing to provide a chambers copy of his amended complaint, see Civil L.R. 5-1(e)(7); Standing Orders For Civil Cases Assigned to The Honorable Maxine M. Chesney 2, and directed plaintiff to submit a chambers copy of that documen..
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ORDER TO SHOW CAUSE WHY MONETARY SANCTIONS SHOULD NOT BE IMPOSED
Re: Dkt. No. 70
MAXINE M. CHESNEY, District Judge.
By order filed July 17, 2017, the Court found plaintiff had violated the Civil Local Rules of this District and the Court's Standing Orders by failing to provide a chambers copy of his amended complaint, see Civil L.R. 5-1(e)(7); Standing Orders For Civil Cases Assigned to The Honorable Maxine M. Chesney ¶ 2, and directed plaintiff to submit a chambers copy of that document no later than July 24, 2017. By said order, the Court advised plaintiff that if no chambers copy was submitted by July 24, 2017, the amended complaint would be stricken from the record. To date, no such chambers copy has been submitted.
The Court has repeatedly advised plaintiff of his failure to comply with the Civil Local Rules of this District and the Court's Standing Orders and warned plaintiff that sanctions may be imposed, including, but not limited to, striking from the record any further electronically filed document for which a chambers copy has not been timely provided to the court. (See Order, filed July 17, 2017; Order, filed Dec. 8, 2016; Order, filed Nov. 1, 2016.) Despite those reminders and warnings, plaintiff has again failed to provide a chambers copy to the court.
Under such circumstances, the Court finds it appropriate to impose sanctions. See Civil L.R. 1-4 (providing "[f]ailure by counsel or a party to comply with any duly promulgated local rule or any Federal Rule may be a ground for imposition of any authorized sanction").
As to the form of those sanctions, the Court notes that the procedural posture of the action has changed since the Court issued its July 17, 2017 order. In particular, although, at the time of the Court's order, no response had been filed to plaintiff's amended complaint, defendant Experian Information Solutions, Inc. thereafter filed an answer. Given the current status of the pleadings, the Court finds the imposition of monetary sanctions more appropriate than an order striking plaintiff's amended complaint.
Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE in writing, no later than August 2, 2017, why monetary sanctions should not be imposed.
IT IS SO ORDERED.
