Blomquist et al. v. GMAC Mortgage et al.

Filing 31

ORDER to SHOW CAUSE,signed by Judge Garland E. Burrell, Jr on 07/07/09 ORDERING Plaintiffs to Show Cause in writing to be filed no later than 4 pm on 8/10/09, why sanctions should not be imposed against them and/or their counsel for failure to file a timely status report. The written response shall also state whether Plaintiffs or their counsel are at fault. Initial Scheduling Conference re-set for 8/24/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Streeter, J)

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 FREDERICK BLOMQUIST; BLOMQUIST, ) ) ) Plaintiffs, ) ) v. ) ) GMAC MORTGAGE; UNION FIDELITY ) MORTGAGE, INC.; MORTGAGEIT, INC.; ) MORTGAGE ELECTRONIC REGISTRATIONS ) SYSTEMS, INC.; EXECUTIVE TRUSTEE ) SERVICES, LLC; GEORGE ROBERT PAUL;) RANDOLPH BERKELEY MARTIN; CASEY ) SLEVIN, ) ) Defendants. ) ) COLETTE 2:09-cv-00891-GEB-EFB ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

An Order Setting Status (Pretrial Scheduling) Conference was filed April 1, 2009 ("April 1 Order"), in which a status conference was scheduled in this case for July 13, 2009; and, a joint status report was required to be filed no later than fourteen days prior to the status conference. The Order further required a status report be No

filed regardless of whether a joint report could be procured. status report was filed as ordered.

Therefore, Plaintiffs are Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on August 10, 2009, why 1

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sanctions should not be imposed against them and/or their 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 Plaintiffs or their counsel are at fault, and whether a hearing is requested on the OSC.1 If a hearing is requested, it will

be held on August 24, 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 April 1 Order, a status report shall be filed no later than fourteen days prior to the status conference. IT IS SO ORDERED. Dated: July 7, 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

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