Antonio Fernandez v. Sterik Boyle Heights, L.P.

Good Law
United States District Court, Central District of CaliforniaFebruary 3, 20212:19-cv-06034California1,581 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

8 ANTONIO FERNANDEZ, Case No.: 2:19-cv-06034-SB-AS 9 Plaintiff,

ORDER TO SHOW CAUSE RE:

vs.

SANCTIONS

12 STERIK BOYLE HEIGHTS, L.P., a Delaware Limited Partnership; STERIK BOYLE HEIGHTS LLC, a Delaware 14 Limited Liability Company; and RALPHS GROCERY COMPANY, an Ohio Corporation, 16 Defendants

18 In reviewing the motions for summary judgment, the Court was made aware that Plaintiff submitted a declaration that raises serious concerns. The previously assigned judge in this case issued an order establishing a joint briefing procedure for summary judgment motions. Pursuant to that procedure, Plaintiff delivered his portion of the joint brief to defense counsel, including his declaration. Dkt. No. 41-4, Ex. 7 (Original Declaration). Plaintiff’s Original Declaration contained statements materially different from those Plaintiff provided at his deposition. Dkt. No. 41-4, Ex. 6 (Deposition). 27 In his Original Declaration, Plaintiff stated under oath that he was unable to enter the bathroom stall…

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