Kideckel v. Wells Fargo Bank, N.A.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRENT KIDECKEL, Case No.: 20-cv-00681-DMS (JLB)

12 Plaintiff, ORDER RE SHOW CAUSE 13 v. HEARING AND IMPOSING SANCTIONS 14 WELLS FARGO BANK, N.A., 15 Defendant. [ECF Nos. 30, 32] 16 17 18 On June 11, 2020, the Court set a Mandatory Settlement Conference (“MSC”) in this 19 matter for December 8, 2020. (ECF No. 12.) On August 11, 2020, due to a conflict with 20 the Court’s criminal calendar, the Court reset the MSC for a Zoom video conference on 21 December 1, 2020, at 1:45 PM. (ECF No. 18.) After Plaintiff Brent Kideckel (“Plaintiff”) 22 failed to lodge his Court-ordered confidential settlement statement by the Court-ordered 23 deadline of November 19, 2020 (id. at 4), the Court issued a Minute Order on 24 November 24, 2020, requiring that the confidential settlement statement be submitted by 25 November 30, 2020 and reminding Plaintiff of the upcoming MSC (ECF No. 28). The 26 Court did not receive the statement by November 30, 2020. However, that same day, the 27 Court sent Plaintiff the Zoom link for the MSC via e-mail to the e-mail address previously 28 used by Plaintiff in this litigation. Plaintiff did not appear at the MSC. The Court called 1 Plaintiff after the scheduled start time but was unable to reach him. The Court also waited 2 for Plaintiff on the Zoom video conference for thirty-five (35) minutes before terminating 3 the conference. 4 In the Scheduling Order, the Court advised Plaintiff that failure to attend the MSC 5 or obtain proper excuse would be considered grounds for sanctions. (ECF No. 12 at 5.) 6 Moreover, Civil Rule 83.1 of the Civil Local Rules of Practice for the United States District 7 Court for the Southern District of California provides that the failure of any party to comply 8 with “any order of the court may be grounds for imposition by the court of any and all 9 sanctions authorized by statute or rule or within the inherent power of the court, including, 10 without limitation, dismissal of any actions, entry of default, finding of contempt, 11 imposition of monetary sanctions or attorneys’ fees and costs, and other lesser sanctions.” 12 CivLR 83.1(a). 13 Accordingly, on December 2, 2020, the Court issued an Order to Show Cause for 14 why sanctions should not issue against Plaintiff for his failure to comply with the Court’s 15 August 11, 2020 and November 24, 2020 orders (ECF Nos. 18, 28). (ECF No. 30.) In its 16 Order to Show Cause, the Court ordered Plaintiff to file a declaration addressing why he 17 did not comply with the Court’s orders, and set a telephonic show cause hearing for 18 December 16, 2020, at 2:00 PM. (Id. at 2.) 19 In violation of this Order, Plaintiff did not file a declaration addressing his failure to 20 comply with the Court’s orders. Moreover, on December 16, 2020, Plaintiff failed to 21 appear at the telephonic show cause hearing set for 2:00 PM. (ECF No. 32.) The Court 22 waited until 2:41 PM for Plaintiff to make an appearance. (See id.) Accordingly, the record 23 is devoid of any justification for Plaintiff’s failure to comply with the Court’s 24 August 11, 2020 and November 24, 2020 orders requiring him to submit a confidential 25 settlement statement and appear at the MSC. 26 Given the foregoing and taking into account Plaintiff’s pro se status, the Court finds 27 that the imposition of a $75 monetary sanction on Plaintiff for failure to appear at the MSC 28 is both reasonable and just. See CivLR 83.1; see also Ewing v. GoNow Travel Club, No. 1 || 19-cv-297-BAS-AGS, 2019 WL 4688760, at *1 (S.D. Cal., Sept. 26, 2019) (pro se litigants 2 || are subject to sanctions so long as the court takes into account the party’s pro se status in 3 || determining whether the party’s actions were reasonable). Plaintiff shall pay the monetary 4 |lsanction of $75 to the Miscellaneous Fines, Penalties and Forfeitures, Not Otherwise 5 || Classified, fund of the United States Treasury. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. Plaintiff Brent Kideckel shall pay a sanction of $75 for his failure to appear at 8 the Mandatory Settlement Conference scheduled in this action on 9 December 1, 2020. Plaintiff shall pay the sanction on □□□□□□ 10 January 15, 2021 to the Miscellaneous Fines, Penalties and Forfeitures, Not 11 Otherwise Classified, fund of the United States Treasury. The check must be 12 made payable to the Clerk of the Court, and the memo line must include this 13 case number. Payment may be made in person at the Cashier’s window 14 located in the Clerk’s Office, Suite 420, 333 West Broadway, San Diego, CA 15 92101-8900, or by mail to the following address: 16 U.S. District Court 17 Southern District of California 18 Financial Department 19 333 West Broadway, Suite 420 20 San Diego, California 92101 21 2. Plaintiff Brent Kideckel shall file a Notice of Payment of Sanction to the Court 22 on or before January 29, 2021. 23 3. Failure to comply with this Order shall constitute grounds for additional 24 sanctions. 25 Dated: December 18, 2020 □ Lhandte 27 n. Jill L. Burkhardt 28 rited States Magistrate Judge