U.S. Magistrate Judge Thomas Hixson issued the order on May 12, giving Barsotti until May 13 to file proof that she served both a May 6 sanctions order and the current order on Gregoire.
The court’s scrutiny began after the defendant, San Francisco Bay Area Rapid Transit District, presented evidence suggesting portions of a declaration filed by Barsotti were inaccurate, prompting Hixson to issue a third order to show cause on May 6.
That earlier order required Barsotti to explain in writing by May 13 why sanctions should not issue and to serve the order on Gregoire with proof of service by May 8.
Barsotti failed to file the required proof of service by the May 8 deadline.
Hixson noted that Barsotti had previously accepted responsibility for missing deadlines in the case, stating in a filing that she was “fully prepared to comply with all remaining obligations and to proceed with the case in a timely manner.”
However, the magistrate judge observed that Barsotti missed the first deadline imposed after making that representation.
Hixson further noted that Barsotti appeared in another case in the district the day deadline, citing a May 7 minute order in Fergus v. San Francisco Bay Area Rapid Transit District.
“Apart from demonstrating a continued disregard for court orders by Ms. Barsotti, there remains no evidence that Plaintiff is aware of the status of this case,” Hixson wrote.
The judge cited Federal Rule of Civil Procedure 16(f) and the court’s inherent authority to sanction attorneys who fail to obey pretrial orders or unnecessarily multiply proceedings.
Hixson found that further monetary sanctions were appropriate to compel Barsotti’s compliance.
If Barsotti fails to file proof of service for both orders by May 13, Hixson ordered that additional sanctions of $50 per day shall issue from that date until proof of service is filed.