Ortiz Leon v. City of Merced et al
Filing
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ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr., on 11/5/14. Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 11/14/2014, why sanctions sh ould not be imposed against him and/or his counsel failure to file a timely status report. The written response shall also state whether Plaintiff or his counsel is at fault, and whether a hearing is requested on the OSC. If a hearing is requested, it will be held on 1/26/15, at 9:00 a.m., just prior to the status conference. The Status Conference is CONTINUED to 1/26/15 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A joint status report shall be filed no later than 14 days prior to the status conference. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSE FELIX ORTIZ LEON,
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Plaintiff,
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v.
CITY OF MERCED, a municipal
Corporation; MERCED POLICE
DEPARTMENT OFFICER BRYAN
SAELEE, Individually; MERCED
POLICE DEPARTMENT CHIEF NORM
ANDRADE, in his Official
Capacity; and DOES 1 THROUGH
50, Jointly and Severally;
No.
1:14-cv-01129-GEB-SAB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE
Defendants.
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The August 11, 2014, Order Setting Status (Pretrial
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Scheduling) Conference scheduled a status conference in this case
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on November 10, 2014, and required the parties to file a joint
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status report no later than fourteen (14) days prior to the
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scheduling conference. The August 11, 2014 Order further required
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a status report be filed regardless of whether a joint report
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could be procured. No status report was filed as ordered.
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Therefore, Plaintiff is Ordered to Show Cause (“OSC”)
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in a writing to be filed no later than November 14, 2014, why
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sanctions should not be imposed against him and/or his counsel
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under Rule 16(f) of the Federal Rules of Civil Procedure for
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failure to file a timely status report. The written response
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shall also state whether Plaintiff or his counsel is at fault,
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and whether a hearing is requested on the OSC.1 If a hearing is
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requested, it will be held on January 26, 2015, at 9:00 a.m.,
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just prior to the status conference, which is rescheduled to that
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date and time. A joint status report shall be filed no later than
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fourteen (14) days prior to the status conference.
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IT IS SO ORDERED.
Dated:
November 5, 2014
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“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.” In re 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. Myers v. Shekter (In re Hill), 775 F.2d 1385, 1387 (9th Cir. 1985).
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