Stone vs. Cate, et al.,

Filing 5

ORDER to SHOW CAUSE AND CONTINUING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 10/23/09 ORDERING that Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on November 16, 2009 why sanct ions should not be imposed against her and/or her 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 her counsel is at fault, and whe ther a hearing is requested on the OSC. If a hearing is requested, it will be held on December 14, 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. (Duong, D)

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 August 3, 2009 Order Setting Status (Pretrial Scheduling) Conference scheduled a status conference in this case for November 2, 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 1 EDITH STONE, ) ) Plaintiff, ) ) v. ) ) MATTHEW CATE, Secretary of the) California Department of ) Corrections & Rehabilitation; ) GLENDA PRESSLY, Acting ) Superintendent of Education ) N.A. Chaderjian Youth ) Correctional Facility; NANCY ) HANLEY, Principal, N.A. Youth ) Correctional Facility High ) School; TAMMIE SCHEID, San ) Joaquin County Office of ) Education; THE CALIFORNIA ) DEPARTMENT OF CORRECTIONS & ) REHABILITATION; and DOES 1 ) thru 10, inclusive, ) ) Defendants. ) ) 02:09-cv-02139-GEB-KJM ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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

No

Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on November 16, 2009 why sanctions should not be imposed against her and/or her 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 her counsel is at fault, and whether a hearing is requested on the OSC.1 If a hearing is

requested, it will be held on December 14, 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: October 23, 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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