Libraty v. Wilkie

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA | Daniel Libraty, No. 1:20-cv-01764-KJM-SAB 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. 14 Denis McDonough, et al., 1S Defendants.

17 Counsel for plaintiff Daniel Libraty argues in opposition to the pending motions for | summary judgment that this court should consider whether he could prove a disability was one | “motivating factor” behind defendants’ allegedly discriminatory actions. See Opp’n to UCSF | Mot. at 19, ECF No. 36 (citing Murray v. Mayo Clinic, 934 F.3d 1101 (9th Cir. 2019), among | other authority); Opp’n to VA Mot. at 17 & n.2, ECF No. 37 (same). The court heard oral | 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 | support counsel’s argument, but rather to reject it. See, e.g., Murray, 934 F.3d at 1105-07 | (overruling previous decision “holding that a plaintiff bringing a discrimination claim under Title | lof the ADA need show only that a disability was a motivating factor of the adverse employment | action”). ] The local rules of this district obligate attorneys who practice here to “become familiar | with and comply with the standards of professional conduct required of members of the State Bar | of California and contained in the State Bar Act, the Rules of Professional Conduct of the State | Bar of California, and court decisions applicable thereto, which are hereby adopted as standards | of professional conduct in this Court.” E.D. Cal. L-R. 180(e). The California Rules of | Professional Conduct provide in turn that a lawyer shall not “knowingly make a false statement of | fact or law to a tribunal or fail to correct a statement of material fact or law previously made to | the tribunal.” Cal. R. Prof. Conduct 3.3(a)(1). Nor may a lawyer “knowingly misquote to a | 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 | should not impose sanctions for violations of the rules quoted in the previous paragraph, | including monetary sanctions of $250 and the striking of the filings at ECF Nos. 36 and 37 in | whole or in part.

14 IT IS SO ORDERED.

15 DATED: July 7, 2025. oUt 16 ae .

STATES DISTRICT JUDGE