Filed: Sep. 11, 2018
Latest Update: Sep. 11, 2018
Summary: Order NANCY J. KOPPE , Magistrate Judge . "Just as an attorney who always practices in state court is expected to know the rules of administration and operation particular to that court, we expect an attorney practicing law in federal court to become familiar with and follow rules applicable to practice in this court." Dela Rosa v. Scottsdale Mem. Health Sys., Inc., 136 F.3d 1241 , 1244 (9th Cir. 1998). Plaintiff's attorneys (David Sampson and Preston Rezaee) have failed to meet that ba
Summary: Order NANCY J. KOPPE , Magistrate Judge . "Just as an attorney who always practices in state court is expected to know the rules of administration and operation particular to that court, we expect an attorney practicing law in federal court to become familiar with and follow rules applicable to practice in this court." Dela Rosa v. Scottsdale Mem. Health Sys., Inc., 136 F.3d 1241 , 1244 (9th Cir. 1998). Plaintiff's attorneys (David Sampson and Preston Rezaee) have failed to meet that bas..
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Order
NANCY J. KOPPE, Magistrate Judge.
"Just as an attorney who always practices in state court is expected to know the rules of administration and operation particular to that court, we expect an attorney practicing law in federal court to become familiar with and follow rules applicable to practice in this court." Dela Rosa v. Scottsdale Mem. Health Sys., Inc., 136 F.3d 1241, 1244 (9th Cir. 1998).
Plaintiff's attorneys (David Sampson and Preston Rezaee) have failed to meet that basic expectation, a shortcoming that culminated in the settlement conference held by the undersigned on August 28, 2018. In particular, the Court expressly ordered that "[a]ll counsel of record who will be participating in the trial" must appear, Docket No. 44 at 1, but Mr. Sampson did not appear in violation of the Court's order and the governing rules of this Court, see, e.g., Fed. R. Civ. P. 16(f)(1)(A).
Making matters worse, Mr. Rezaee appeared at the settlement conference on Plaintiff's behalf and was unfamiliar with basic information in the case, including the previous settlement discussions between the parties.1 Mr. Rezaee presented an initial settlement offer that was ten times the amount of an offer emailed to opposing counsel last month. Hence, Mr. Rezaee's appearance at the settlement conference resulted in a violation of the requirement to be properly prepared and to participate in good faith. Fed. R. Civ. P. 16(f)(1)(B); see also Docket No. 44 at 3 (order reminding counsel that they "must be substantially prepared to meaningfully participate in the Settlement Conference in good faith" (emphasis in original)).2
Given the above, the Court ordered Mr. Sampson and Mr. Rezaee to show cause why they should not be sanctioned. See Docket No. 54.3 In light of the circumstances of this case, the Court declines to impose monetary sanctions on counsel. Nonetheless, the Court reiterates that Mr. Sampson and Mr. Rezaee must familiarize themselves with the rules governing practice in this Court and must comply with all orders. Mr. Sampson and Mr. Rezaee are both CAUTIONED for not doing so in this case, and must ensure that they do so in the future. In all other respects, the order to show cause is DISCHARGED.
IT IS SO ORDERED.
