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Order Re: Sanctions

The document is a court order regarding sanctions against a defense attorney for using derogatory language in a court filing. The order finds the city attorney should not be held in contempt but the defense attorney, Stephen Lucas, is held in contempt. As sanctions, the order requires Lucas to pay $2,000 to the court library fund, file an amended pleading without the offensive language, notify the city council of the sanctions, and participate in two meetings of a civility-focused legal organization.

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77 views2 pages

Order Re: Sanctions

The document is a court order regarding sanctions against a defense attorney for using derogatory language in a court filing. The order finds the city attorney should not be held in contempt but the defense attorney, Stephen Lucas, is held in contempt. As sanctions, the order requires Lucas to pay $2,000 to the court library fund, file an amended pleading without the offensive language, notify the city council of the sanctions, and participate in two meetings of a civility-focused legal organization.

Uploaded by

api-209261981
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Case 3:09-cv-02239-JAH-DHB Document 110 Filed 03/19/13 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERIC B. HARRIS; MAY HARRIS; HALEY HARRIS, a minor by her Guardian ad Litem, MAY HARRIS; CAMERON HARRIS, a minor by his Guardian ad Litem, MAY HARRIS, v. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 09cv2239 JAH(POR) ORDER RE: SANCTIONS

CITY OF CHULA VISTA; OFFICER JEFF CRAFT; CHIEF OF POLICE RICHARD B. EMERSON; DOES 1-10, inclusive, Defendants.

On March 11, 2013, a hearing on this Courts order requiring defendants counsel and the City Attorney for the City of Chula Vista to appear and show cause why defendants counsel should not be held in contempt for the use of certain derogatory language in a pleading filed with the Court, pointing out that the use of such language exhibits a clear lack of professionalism, in violation of Local Rule 83.4(2.a) (directing that counsel must avoid disparag[ing] the intelligence, ethics, morals, integrity or behavior of opposing parties or counsel unless such characteristics are at issue.). Bart C. Meisfeld, City Attorney, and Stephen D. Lucas appeared on behalf of defendants. Plaintiffs were represented by Mary Prevost. After hearing from all counsel present, including Stephen D. Lucas supplements to his filed declaration and representations regarding the

09cv2239

Case 3:09-cv-02239-JAH-DHB Document 110 Filed 03/19/13 Page 2 of 2

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circumstances, this Court finds (1) City Attorney Bart C. Meisfeld should not be held in contempt; and (2) defendants counsel Stephen D. Lucas should be held in contempt and that sanctions should be imposed for the lack of professionalism exhibited in this case. Accordingly, IT IS HEREBY ORDERED that: 1. Defendants counsel Stephen D. Lucas shall pay to this Courts Library Fund the sum of Two Thousand Dollars ($2,000.00); 2. Defendants counsel shall file an amended pleading [doc. # 57-1] without the offensive language and the amended pleading will be designated as filed nunc pro tunc to the original filing date; 3. The original pleading containing the offensive language [doc. # 57-1] is WITHDRAWN; 4. Defendants counsel is directed to notify the City Council for the City of Chula Vista of these sanctions and this Order; 5. Defendants counsel is directed to participate in two (2) meetings of an organization that emphasizes civility and respect in the legal community, such as the Wallace Inns of Court or the Lawyers Club; and 6. Defendants counsel shall file a notice with the Court of compliance with this Order within sixty (60) days of the date of this Order.

DATED:

March 19, 2013 JOHN A. HOUSTON United States District Judge

09cv2239

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