General Electric Capital Corporation v. Carrier

Filing 10

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 1/14/2010 ORDERING that plaintiff is to Show Cause is writing to be filed no later than 4:00 p.m. on 1/22/2010, why sanctions should not be imposed for failure to file a timely status report. If a hearing is requested, it well be held on 3/1/2010 at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. Status Conference set for 3/1/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..(Matson, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DAVINA C. CARRIER, a citizen and resident of California, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

02:09-cv-02379-GEB-KJM ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

The September 1, 2009 Order Setting Status (Pretrial Scheduling) Conference scheduled a status conference in this case for January 19, 2010 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

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 January 22, 2010, why sanctions should not be imposed against it and/or its 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 its counsel is at fault, and whether a hearing 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

is requested on the OSC.1

If a hearing is requested, it will be

held on March 1, 2010, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. A status

report shall be filed no later than fourteen days prior to the status conference. IT IS SO ORDERED. Dated: January 14, 2010

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