CA Dept Toxic Sub v. Brighton Oil Co, et al

Filing 1251

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 3/28/12. The parties are ORDERED to Show Cause in writing to be filed no later than 4/9/2012, why sanctions should not be imposed against them and/or their counsel for failure to file a timely status report. If a hearing is requested, it will be held on 5/21/2012 at 09:00 AM just prior to the Status Conference, which is RESCHEDULED to that date and time. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,

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Plaintiff,

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v.
MID VALLEY DEVELOPMENT, INC.,
RAVIND SHANKAR, WHITE ROCK &
KILGORE, LLC, SHARON STONE,
KILGORE & WHITE ROCK, LLC,
GORDON TURNER MOTORS, JOHN L.
SULLIVAN CHEVROLET, INC., and
MAITA CHEVROLET GEO,
Defendants.
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AND RELATED CROSS-CLAIMS,
COUNTERCLAIMS, and THIRD-PARTY
ACTIONS
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2:02-cv-00018-GEB-GGH
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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A Minute Order issued on July 29, 2011, which rescheduled a

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scheduling conference in this case for April 9, 2012, and required the

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parties to file a joint status report no later than fourteen (14) days

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prior to the scheduling conference. No joint status report was filed as

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ordered.

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Therefore, the parties are Ordered to Show Cause (“OSC”) in a

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writing to be filed no later than April 9, 2012, why sanctions should

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not be imposed against them and/or their counsel under Rule 16(f) of the

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Federal Rules of Civil Procedure for failure to file a timely status

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report. The written response shall also state whether the parties or

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their counsel are at fault, and whether a hearing is requested on the

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OSC.1 If a hearing is requested, it will be held on May 21, 2012, at 9:00

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a.m., 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, in which the parties

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are required to explain whether the terms of the Consent Decrees

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approved by the Court have been satisfied, such that this case can be

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closed.

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IT IS SO ORDERED.
Dated:

March 28, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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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.” 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).
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