CytoSport, Inc. v. Paleo Brands, Inc.

Filing 6

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 3/11/2013 ORDERING that Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 3/15/2013, why sanctions should not be imposed against it and/or its counsel for failure to file a timely status report. If a hearing is requested, it will be held on 5/13/2013, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. A joint status report shall be filed no later than fourteen (14) days prior to the status conference. (Zignago, K.)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 CYTOSPORT, INC., a California corporation, 9 10 11 12 13 14 15 ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. PALEO BRANDS INC., a California corporation doing business as EVOLVE FOODS, Defendant. ________________________________ The November 21, 2012, 2:12-cv-02847-GEB-KJN ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(M) NOTICE Order Setting Status (Pretrial 16 Scheduling) Conference scheduled a status conference in this case on 17 March 18, 2013, and required the parties to file a joint status report 18 no later than fourteen (14) days prior to the scheduling conference. The 19 November 21, 2012 Order further required that a status report be filed 20 regardless of whether a joint report could be procured. No status report 21 was filed as ordered. 22 Therefore, Plaintiff is Ordered to Show Cause (“OSC”) in a 23 writing to be filed no later than March 15, 2013, why sanctions should 24 not be imposed against it and/or its counsel under Rule 16(f) of the 25 Federal Rules of Civil Procedure for failure to file a timely status 26 report. The written response shall also state whether Plaintiff or its 27 28 1 1 counsel is at fault, and whether a hearing is requested on the OSC.1 If 2 a hearing is requested, it will be held on May 13, 2013, at 9:00 a.m., 3 just prior to the status conference, which is rescheduled to that date 4 and time. A joint status report shall be filed no later than fourteen 5 (14) days prior to the status conference. 6 Further, Plaintiff is notified under Rule 4(m) of the Federal 7 Rules of Civil Procedure that the failure to serve Defendant with 8 process within the 120 day period prescribed in that Rule may result in 9 this action being dismissed. To avoid dismissal, on or before March 22, 10 2013, Plaintiff shall file proof of service or a sufficient explanation 11 why service was not effected within Rule 4(m)’s prescribed service 12 period. 13 14 IT IS SO ORDERED. Dated: March 11, 2013 15 16 GARLAND E. BURRELL, JR. Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 1 “If the fault lies with the attorney, that is where the impact of sanction should be lodged. If the fault lies with the clients, that is where the impact of the sanction should be lodged.” Matter of Sanction of Baker, 744 F.2d 1438, 1442 (10th Cir. 1984), cert. denied, 471 U.S. 1014 (1985). Sometimes the faults of attorneys, and their consequences, are visited upon clients. In re Hill, 775 F.2d 1385, 1387 (9th Cir. 1985). 2