Ortiz Leon v. City of Merced et al

Filing 18

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JOSE FELIX ORTIZ LEON, 9 Plaintiff, 10 11 12 13 14 15 16 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. 17 18 The August 11, 2014, Order Setting Status (Pretrial 19 Scheduling) Conference scheduled a status conference in this case 20 on November 10, 2014, and required the parties to file a joint 21 status report no later than fourteen (14) days prior to the 22 scheduling conference. The August 11, 2014 Order further required 23 a status report be filed regardless of whether a joint report 24 could be procured. No status report was filed as ordered. 25 Therefore, Plaintiff is Ordered to Show Cause (“OSC”) 26 in a writing to be filed no later than November 14, 2014, why 27 sanctions should not be imposed against him and/or his counsel 28 under Rule 16(f) of the Federal Rules of Civil Procedure for 1 1 failure to file a timely status report. The written response 2 shall also state whether Plaintiff or his counsel is at fault, 3 and whether a hearing is requested on the OSC.1 If a hearing is 4 requested, it will be held on January 26, 2015, at 9:00 a.m., 5 just prior to the status conference, which is rescheduled to that 6 date and time. A joint status report shall be filed no later than 7 fourteen (14) days prior to the status conference. 8 9 IT IS SO ORDERED. Dated: November 5, 2014 10 11 12 13 14 15 16 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.” 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). 2

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