T.C.E.F., Inc. et al v. County of Kern et al

Filing 11

ORDER signed by Judge Garland E. Burrell, Jr on 02/12/15 ordering plaintiffs are ordered to show cause in a writing to be filed no later than 2/23/15, why sanctions should not be imposed against them and/or counsel under rule 16(f) of the FRCP for failure to file a timely status report. ( In Court Hearing set for 5/4/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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T.C.E.F., INC., a California
corporation, dba ALL GREEN
COLLECTIVE; TONY F. MONASSAR;
JABE T. SATTERFIELD,
Plaintiffs,

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v.

No.

1:14-cv-01893-GEB-BAM

ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE; FED. R.
CIV. P. 4(M) NOTICE

COUNTY OF KERN, a political
subdivision of the State of
California; and GREG FENTON
Kern County Building
Official, on behalf of
themselves and in the name of
the People of the State of
California; and DOES 1
through 10, Inclusive,
Defendants.

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The December 10, 2014 Order Setting Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on February 23, 2015, 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

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required a status report be filed regardless of whether a joint

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report could be procured. No status report was filed as ordered.

conference.

The

December

10,

2014

Order

further

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Therefore, Plaintiffs are Ordered to Show Cause (“OSC”)

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in a writing to be filed no later than February 23, 2015, why
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sanctions should not be imposed against them and/or their 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

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fault, and whether a hearing is requested on the OSC.1 If a

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hearing is requested, it will be held on May 4, 2015, at 9:00

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a.m., just prior to the status conference, which is rescheduled

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to that date and time. A joint status report shall be filed no

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later than fourteen (14) days prior to the status conference.

also

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state

whether

Plaintiffs

or

their

counsel

are

at

Further, Plaintiffs are notified under Rule 4(m) of the

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Federal

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defendant with process within the 120 day period prescribed in

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that Rule may result in the unserved defendant(s) and/or this

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action being dismissed. To avoid dismissal, on or before April 3,

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2015, Plaintiffs shall file proof of service for each defendant

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or a sufficient explanation why service was not completed within

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Rule 4(m)’s prescribed service period.

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Rules

of

Civil

Procedure

that

failure

to

serve

each

IT IS SO ORDERED.
Dated:

February 12, 2015

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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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