Passport Health, Inc. v. Travel Med Inc. et al

Filing 16

ORDER to SHOW CAUSE and ORDER CONTINUING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 9/18/09 ORDERING the plaintiff to SHOW CAUSE in writing no later than 4:00pm on 10/5/09, why sanctions should not be imposed against him and/or his counsel for failure to file a timely status report. The Scheduling Conference is CONTINUED for 10/19/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Donati, 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 The June 25, 2009 Order Setting Status (Pretrial Scheduling) Conference scheduled a status conference in this case for September 21, 2009 and required the parties to file a joint status report no later than fourteen days prior to the scheduling conference. The Order further required that a status report be No v. TRAVEL MED, INC.; GINA FLAHARTY, Defendants. PASSPORT HEALTH, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) 02:09-cv-01753-GEB-EFB ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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

Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on October 5, 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. 1 The written response shall

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

also state whether Plaintiff or his counsel is at fault, and whether a hearing is requested on the OSC.1 If a hearing is

requested, it will be held on October 19, 2009, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date. A status report shall be filed no later than fourteen days prior to the status conference. IT IS SO ORDERED. Dated: September 18, 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

1