Libraty v. Wilkie

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Daniel Libraty, No. 1:20-cv-01764-KJM-SAB 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. 14 Denis McDonough, et al., 1S Defendants. 16 17 Counsel for plaintiff Daniel Libraty argues in opposition to the pending motions for 18 | summary judgment that this court should consider whether he could prove a disability was one 19 | “motivating factor” behind defendants’ allegedly discriminatory actions. See Opp’n to UCSF 20 | Mot. at 19, ECF No. 36 (citing Murray v. Mayo Clinic, 934 F.3d 1101 (9th Cir. 2019), among 21 | other authority); Opp’n to VA Mot. at 17 & n.2, ECF No. 37 (same). The court heard oral 22 | arguments on the pending motions on June 26, 2025, and counsel reiterated this argument orally. 23 | The court has reviewed the cases counsel cites to support this position. These cases appear not to 24 | support counsel’s argument, but rather to reject it. See, e.g., Murray, 934 F.3d at 1105-07 25 | (overruling previous decision “holding that a plaintiff bringing a discrimination claim under Title 26 | lof the ADA need show only that a disability was a motivating factor of the adverse employment 27 | action”).

] The local rules of this district obligate attorneys who practice here to “become familiar 2 | with and comply with the standards of professional conduct required of members of the State Bar 3 | of California and contained in the State Bar Act, the Rules of Professional Conduct of the State 4 | Bar of California, and court decisions applicable thereto, which are hereby adopted as standards 5 | of professional conduct in this Court.” E.D. Cal. L-R. 180(e). The California Rules of 6 | Professional Conduct provide in turn that a lawyer shall not “knowingly make a false statement of 7 | fact or law to a tribunal or fail to correct a statement of material fact or law previously made to 8 | the tribunal.” Cal. R. Prof. Conduct 3.3(a)(1). Nor may a lawyer “knowingly misquote to a 9 | tribunal the language ofa... decision or other authority.” Cal. R. Prof. Conduct 3.3(a)(2). 10 Within seven days, counsel for plaintiff Libraty is ordered to show cause why this court 11 | should not impose sanctions for violations of the rules quoted in the previous paragraph, 12 | including monetary sanctions of $250 and the striking of the filings at ECF Nos. 36 and 37 in 13 | whole or in part. 14 IT IS SO ORDERED. 15 DATED: July 7, 2025. oUt 16 ae . STATES DISTRICT JUDGE