Connecticut General Life Insurance Company v. Porter et al

Filing 9

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 10/8/09 ORDERING that Pltf shall SHOW CAUSE in writing by 11/2/09, why sanctions should not be imposed for failure to file a timely status report. If a hearing is requested, it will be held on 11/16/09 at 9:00 AM, just prior to the status conference. A status report shall be filed 14 days prior to the status conference. (Engbretson, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The July 27, 2009 Order Setting Status (Pretrial 22 Scheduling) Conference scheduled a status conference in this case 23 for October 19, 2009, and required the parties to file a joint 24 status report no later than fourteen days prior to the scheduling 25 conference. 26 filed regardless of whether a joint report could be procured. 27 status report was filed as ordered. 28 1 No The Order further required that a status report be CONNECTICUT GENERAL LIFE INSURANCE COMPANY, ) ) ) Plaintiff-in) Interpleader, ) ) v. ) ) BRIAN R. PORTER; CHARLES W. ) NICHOLS, as Co-Trustee of the ) LeANN P. Porter Revokable ) Living Trust; BETTY JANE ) NICHOLS, as Co-Trustee of the ) LeAnn P. Porter Revokable ) Living Trust, ) ) Defendants-in) Interpleader. ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

02:09-cv-02058-GEB-DAD ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

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 Dated:

Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on November 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 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 November 16, 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. October 8, 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