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Novo v. City of Sacramento

United States District Court, Ninth Circuit

July 29, 2013

SARAH R. NOVO, Plaintiff,
v.
CITY OF SACRAMENTO, ANGELIQUE ASHBY, Defendants.

ORDER

LAWRENCE K. KARLTON, District Judge.

Defendant Angelique Ashby's Motion to Strike, ECF No. 16, is pending before the court. Defendant "moves to strike any reference to the CFRA [California Family Rights Act] in the Fourth Claim for Relief as it pertains to her because she is not an employer' as that term is defined within the CFRA." Def's Mot., ECF No. 16, Att. 1, at 3.

On July 19, 2013, this court ordered counsel for Plaintiff to show cause in writing as to why sanctions should not issue, in accordance with Eastern District of California Local Rule 110 (2013), for counsel's failure to file an opposition or a statement of non-opposition to Defendant's motion.

On July 25, 2013, Plaintiff filed a statement of non-opposition to the granting of Defendant's motion to strike. Pl's Resp., ECF No. 20. Plaintiff does not object to Defendant's motion to strike Plaintiff's Fourth Claim for Relief for Defendant Ashby's "retaliation against the plaintiff for requesting CFRA leave, " but notes that "Plaintiff's claim against Ashby for retaliation under FMLA [Family Medical Leave Act] remains within the Amended Complaint, Fourth Claim for Relief." Id. at 1.

In response to the court's order to show cause, Plaintiff's counsel admitted that he was at fault for "fail[ing] to calendar this motion, " which "result[ed] in this unfortunate circumstance for the Court." Pl's Resp., ECF No. 21, at 1-2.

Accordingly, the court ORDERS as follows:

[1] Defendant's motion to strike Plaintiff's Fourth Claim for Relief, ECF No. 16, is GRANTED, only insofar as it presents a retaliation claim against Defendant Ashby pursuant to the CFRA.
[2] The hearing on Defendant's motion to strike, currently set for August 12, 2013, is VACATED.
[3] Plaintiff's counsel is SANCTIONED in the amount of one hundred and fifty dollars ($150). This sum shall be paid to the Clerk of the Court no later than thirty (30) days from the date of this order.
[4] Counsel for Plaintiff SHALL file an affidavit accompanying the payment of this sanctions which states that it is paid personally by counsel, out of personal funds, and is not and will not be billed, directly or indirectly, to the client or any way made the responsibility of the client as attorneys' fees or costs.

IT IS SO ORDERED.


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