Johnson v.Grewal et al

Filing 22

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 4/15/2010. No Pretrial Statement was filed, therefore, Final Pretrial Conference is RE-SET for 5/10/2010 at 01:30 PM in Courtroom 10 (GEB). Parties shall file a Joint Final Pretrial Conference Statement 7 days prior to Conference Hearing date. Further, each party and counsel is ORDERED TO SHOW CAUSE, in writing filed no later than 4:00 PM on 4/22/2010, why sanctions should not be imposed. (Marciel, M)

1 2 3 4 5 6 7 8 9 SCOTT N. JOHNSON, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) v. ) ) SUKHCHARNJIT K. GREWAL, ) individually and d/b/a Mountain ) Mike's Pizza; Will S. Roxburgh, ) individually and d/b/a Fleet ) Feet of Fair Oaks; Brockway Capital) Corporation, individually and ) d/b/a Max Muscle, ) ) Defendants. ) ) 02:08-cv-01549-GEB-KJM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ORDER TO SHOW CAUSE AND CONTINUING FINAL PRETRIAL CONFERENCE

The Order filed October 22, 2008, scheduled a final pretrial conference in this case on April 19, 2010. That Order required the

parties to file a joint final pretrial statement "no later than seven (7) days prior to the final pretrial conference." Order at 4.) No pretrial statement was filed. (October 22, 2008,

Therefore, the final pretrial conference is reset to May 10, 2010, at 1:30 p.m. The parties shall file a joint final pretrial

conference statement seven (7) days prior to the final pretrial conference. Further, each party and counsel is ORDERED TO SHOW CAUSE (OSC), in a writing filed no later than 4:00 p.m. on April 22, 2010, 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

why sanctions should not be imposed under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely a final pretrial statement. A party represented by counsel shall include in the Further,

written response whether the party or counsel is at fault.1

each party and counsel shall state in the response to the OSC whether a hearing is requested on the OSC. If a hearing is requested, it will

be held at the time of the final pretrial conference. IT IS SO ORDERED. Dated: April 15, 2010

GARLAND E. BURRELL, JR. United States District Judge

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