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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

9 MEDLINK HEALTH SOLUTIONS, Case No.: 22-cv-1306-AGS-DEB 10 LLC,

ORDER IMPOSING SANCTIONS

11 Plaintiff,

ON ATTORNEY SEAN MICHAEL

12 v. JONES

13 MADDOX DEFENSE, INC., et al.,

14 Defendants. [DKT. NO. 87] 15 16 This Order follows a hearing on the Court’s Order to Show Cause why attorney Sean 17 Michael Jones should not be sanctioned for: (1) failing to appear at the Court’s 18 November 16, 2023 Status Conference; (2) failing to appear at the Court’s 19 December 6, 2023 Status Conference; and (3) failing to timely submit a declaration. Dkt. Nos. 87, 90. For the reasons discussed below, the Court orders Jones to pay $526.50 in 20 compensatory sanctions to Plaintiff Medlink Health Solutions, LLC (“Medlink”) for his 21 failures to appear at the November 16, 2023 and December 6, 2023 Status Conferences. 22 A. Background 23 On October 20, 2023, Jones failed to appear at a Court-ordered hearing on a motion 24 to extend scheduling order deadlines. See Dkt. No. 62. Upon submission of Jones’ 25 declaration (Dkt. No. 64), the Court discharged the first Show Cause order without further 26 action (Dkt. No. 67). 1 On November 16, 2023, the Court held a Status Conference. Dkt. No. 62. Jones 2 failed to appear at that conference. Dkt. No. 72. The Court issued a Show Cause order 3 requiring Jones to submit a declaration by December 6, 2023, regarding his failure to 4 appear. Dkt. No. 73. Jones did not timely file a declaration. On November 28, 2023, Jones participated in a half-day Mandatory Settlement 5 Conference (“MSC”). Dkt. No. 85. At no point during the MSC did Jones indicate his 6 unavailability for future hearings. 7 On December 6, 2023, the Court held a follow-up telephonic Status Conference. Id. 8 Jones failed to appear at that conference, his third failure to appear in a seven-week span. 9 Dkt. No. 86. The Court issued an amended Show Cause order requiring Jones to appear at 10 a Show Cause hearing on January 4, 2024, and ordering Jones to file a declaration regarding 11 his failures to appear. Dkt. No. 87. Jones timely filed a declaration (Dkt. No. 88) and 12 appeared at the January 4, 2024 Show Cause hearing (Dkt. No. 90). 13 In his declaration, Jones offered the following reasons for his failures to appear: 14 (1) his staff failed to calendar the status conferences while he was on paternity leave; 15 (2) his associate attorney unexpectedly left his firm; and (3) he extended his paternity leave 16 because his child was born two weeks later than expected. Dkt. No. 88. Additionally, at the 17 hearing, Jones explained he moved his family’s residence shortly after his child’s birth. 18 Jones apologized for his non-appearances. 19 B. Discussion 20 “[M]agistrate judges have the authority to sanction attorneys for failing to appear” 21 at hearings. Sapan v. SolarMax Tech., Inc., No. 15-cv-0897-MMA-MDD, 2015 WL 22 6128425, at *2 (S.D. Cal. Oct. 16, 2015); see also Fed. R. Civ. P. 16(f) (authorizing a court 23 to issue “any just orders . . . if a party or its attorney . . . fails to appear at a scheduling or 24 other pretrial conference” or “fails to obey a scheduling or other pretrial order”); Ayers 25 v. City of Richmond, 895 F.2d 1267, 1270 (9th Cir. 1990) (“[T]he district court acted within 26 its authority under Rule 16(f) in sanctioning [counsel] for his failure to appear at the settlement conference.”); CivLR 83.1(a) (counsel’s failure to comply with a court order 1 “may be grounds for imposition by the court of any and all sanctions . . . within the inherent 2 power of the court, including, without limitation, dismissal of any actions, entry of default, 3 finding of contempt, [or] imposition of monetary sanctions”). No “bad faith finding” is 4 required. Sapan, 2015 WL 6128425, at *3. The Court finds Jones: (1) failed to appear at the November 16, 2023 Status 5 Conference; (2) failed to appear at the December 6, 2023 Status Conference; and (3) failed 6 to timely file the declaration required by the Court’s November 16, 2023 Order to Show 7 Cause. Dkt. No. 73.1 Although the Court is sympathetic to Jones’ personal matters, the 8 Court finds that they neither “substantially justify” Jones’ failures nor “make an award of 9 expenses unjust.” Fed. R. Civ. P. 16(f). Jones’ obligations to make court appearances and 10 meet filing deadlines are his responsibility, not his staff’s. Krivak v. Home Depot U.S.A., 11 Inc., 2 F.4th 601, 606 (7th Cir. 2021) (“[Counsel] has no one to blame but himself, as 12 attorneys—not their staff— ‘are expected to exercise diligence in monitoring the 13 disposition of their cases.’”) (citation omitted). The unexpected departure of Jones’ 14 associate should have put Jones on heightened notice to personally ensure no court 15 appearances or deadlines were missed. Moreover, if Jones had noticed the Court about any 16 period of unavailability during his paternity leave, the Court would have made every effort 17 to accommodate his schedule. But Jones neither noticed any period of unavailability nor 18 requested to move any of the scheduled hearings. Instead, the Court, counsel, and the 19 remaining parties prepared for and attended hearings that Jones failed to attend. 20 Dkt. Nos. 72–73, 85–86. 21 The Court, therefore, orders Jones to pay $526.50 in compensatory sanctions to 22 Plaintiff Medlink, representing the attorney’s fees Jacob A. Gillick incurred in preparing 23 for and attending the November 16, 2023 and December 6, 2023 Status Conferences for 24 25 1 Additionally, counsel for other parties to this case informed the Court during the Status 26 Conferences that Jones was not returning their telephone calls or responding to e-mails, including those related to post-MSC settlement discussions. The Court, however, is not 1 || which Jones failed to appear. Dkt. No. 89. 2 The Court has reviewed Gillick’s declaration and finds both the hourly rate claimed 3 ||($425) and time spent (25 and 45 minutes, respectively) are reasonable. Based on Jones’ 4 apologies and expressions of remorse, the Court is not imposing any additional sanctions 5, || payable to the Court, including for Jones’ failure to timely file a declaration. 6 C. Conclusion 7 The Court sanctions attorney Sean Michael Jones and orders him to pay $526.50 in 8 compensatory sanctions to Plaintiff Medlink within fourteen (14) days of this Order.

9 Plaintiff's counsel must provide Jones details regarding the proper account to direct that

10 payment within seven (7) days of this Order.

Jones is admonished to closely monitor the Court’s docket and communicate promptly with opposing counsel as required by this Court’s Local Rules and the Court’s orders in this case. CivLR 2.1 (Professionalism), 16.1 (Pretrial Rules). Any subsequent 18 violations of Court orders and/or failures to appear may result in more severe sanctions.

M4 IT IS SO ORDERED.

19 Dated: January 17, 2024 — 16 idaddeh 17 Daniel E. Butcher 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 ‘A