Loskot v. Nguyen et al

Filing 12

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 02/02/09 ORDERING that the pltf show cause in writing no later than 4:00 pm on 3/2/2009, why sanctions should not be imposed for faailure to file a timely status report; if a hearing on th e OSC is requested it will be held on 03/16/09 at 9:00 am just prior to the Status Conference, which is reset for 3/16/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; a status report shall be filed no later than 14 days prior to the status conference. (Manzer, C)

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1 2 3 4 5 6 7 8 9 10 11 12 Defendant.1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The caption was changed to reflect dismissal of Defendants Clifton A. Powell and Roberta G. Powell filed on November 14, 2008.) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARSHALL LOSKOT, Plaintiff, v. TRAN NGUYEN, d/b/a Golden Lantern Restaurant, ) ) ) ) ) ) ) ) ) ) ) 2:08-cv-02448-GEB-KJM ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE The Order Setting Status (Pretrial Scheduling) Conference filed October 15, 2008 (" October 15 Order"), scheduled a status conference in this case on February 2, 2009, and required the parties to file a joint status report no later than fourteen days prior to the status conference. The Order further required that a status report be No filed regardless of whether a joint report could be procured. status report was filed. Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed on later than 4:00 p.m. on March 2, 2009, why sanctions should not be imposed against him and/or his counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. The written response shall also state whether Plaintiff 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 or his counsel is at fault, and whether a hearing is requested on the OSC.2 If a hearing is requested, it will be held on March 16, 2009, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date. In accordance with the requirements set forth in the October 15 Order, a status report shall be filed no later than fourteen days prior to the status conference. Further, Plaintiff shall explain in the status report, how and when he will prosecute any the default matter in this action. If Plaintiff fails to do so, the defaulting defendant may be dismissed for failure to prosecute. IT IS SO ORDERED. Dated: February 2, 2009 GARLAND E. BURRELL, JR. United States District Judge "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 2

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