Banks

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DWIGHT BANKS, Case No.: 20-cv-1674-LAB-DEB

Plaintiff,

REPORT & RECOMMENDATION

v. ON ORDER TO SHOW CAUSE

WHAMBO! ENTERPRISES LLC, et al.,

15 Defendants. [DKT. NO. 45]

This Report and Recommendation follows a hearing on an Order to Show Cause issued by the Honorable Larry Alan Burns to Plaintiff’s Counsel Michael A. Taibi. Dkt. No. 45. For the reasons discussed below, the undersigned recommends sanctioning Taibi $500 under Federal Rule of Civil Procedure 11 for misrepresenting facts in his written motions and submissions to the Court, and sanctioning Taibi $500 under Federal Rule of Civil Procedure 16 for failing to produce Plaintiff Banks at the December 18, 2022 Early Neutral Evaluation (“ENE”) conference. I. PROCEDURAL BACKGROUND A. Prior Proceedings This Court previously sanctioned Taibi: (1) $500 for violating its Order to meet and confer before an ENE first set for November…