Ethics/Professional Responsibility,
Judges and Judiciary
Sep. 8, 2021
Failure to agree on dates brings judge’s sanctions threat
“Further failures to comply with the rules and orders of this court, and the rules and orders of the Central District, will result in sanctions against one or both parties,” wrote U.S. District Judge Dale S. Fischer.
In a strongly worded order Tuesday, U.S. District Judge Dale S. Fischer asked counsel in a personal injury lawsuit to explain why she should not sanction them for failing to comply with court procedures.
"This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow the rules and orders of this Court," Fischer wrote. Counsel have not fully complied with an Aug. 5 order setting a scheduling conference, the Los Angeles-based judge wrote, adding each side could see a $500 sanction.
Attorneys at Los Angeles firm Chahine Law APC sued Target last spring, saying that defective conditions in a store injured their client. The law firm has since changed its name to SoCal Injury Lawyers.
Target's defense counsel from Quintairos, Prieto, Wood & Boyer PA removed the case to federal court in August. Maria Flores v. Target Corporation et al., 2:21-cv-06317-DSF-JEM (C.D. Cal., filed August 5, 2021).
Fischer gave the attorneys five days to satisfy her order to show cause why she shouldn't sanction them.
"The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates," Fischer wrote.
"Further failures to comply with the rules and orders of this court, and the rules and orders of the Central District, will result in sanctions against one or both parties," she added.
Neither firm responded to requests for comment.
Jessica Mach
jessica_mach@dailyjournal.com
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