Sabaugh v. Snyder

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
STEPHEN SNYDER, No. 05-14194
Debtor(s).
______________________________________/
KIMBERLY SABAUGH,
Plaintiff(s),
v. A.P. No. 06-1045
STEPHEN SNYDER,
Defendant(s).
_______________________________________/
Memorandum on Motion for Summary Judgment
_________________
Over many years on the bench, the court has always tried to decide cases on the merits and has
usually been able to resolve procedural deficiencies without the harsh sanction of default. However, in this
case plaintiff Kimberly Sabaugh and her counsel are making things extremely difficult for the court and
themselves. The court was forced to vacate the trial due to Sabaugh’s failure to comply with FRCP 26. The
court agreed to decide defendant’s summary judgment motion which was then pending, but counsel for
plaintiff was unable to produce a signed original declaration of his client, leaving the factual allegations of
Entered on Docket
May 07, 2007
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 06-01045 Doc# 41 Filed: 05/07/07 Entered: 05/07/07 14:08:36 Page 1 of 2

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defendant un-rebutted. The court accordingly sees little alternative, and no fair alternative, to granting the
motion.
Once judgment is entered, the court may entertain a motion to be relieved from what is in essence a
default. However, the court will need to see sound evidence of a meritorious case and plaintiff and her
counsel can expect to compensate plaintiff for all expenses and fees reasonably related to their procedural
lapses as a condition of any such relief.
Counsel for defendant shall submit a form of order granting his motion for summary judgment and an
appropriate form of judgment.
Dated: May 7, 2007
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 06-01045 Doc# 41 Filed: 05/07/07 Entered: 05/07/07 14:08:36 Page 2 of 2