Wolf, et al., v. Langemeier, et al.,

Filing 26

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 2/24/2010 ORDERING Plaintiffs are ORDERED to Show Cause in a writing to be filed no later than 4:00 p.m. on 3/8/2010, If a hearing is requested, it will be held on 3/29/2010, 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. (Reader, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The November 6, 2009, Order Setting Status (Pretrial 22 Scheduling) Conference scheduled a status conference in this case 23 for March 1, 2010, and required the parties to file a joint status 24 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 LAURIE WOLF, DELORES BERMAN, ) I-SHUN CHOW KIMCHI CHOW, ) GRASSHILL LAND, INC., BRADY ) HEATH, THERESA HEATH, STEVEN ) A. NEWELL, MARILYN CADREAU ) NEWELL, TAMSO PROPERTIES, ) LLC, JKR LASER INVESTMENT, ) LLC, SURFER BEACH, LLC, and TO) BE DETERMINED, LLC, ) ) Plaintiffs, ) ) v. ) ) LORAL LANGEMEIER and, LIVE OUT) LOUD, INC., ) ) Defendants. ) ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

2:09-cv-3086-GEB-EFB 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:

Plaintiffs are Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on March 8, 2010, why 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 is at fault, and whether a hearing is requested on the OSC.1 If a hearing is requested, it

will be held on March 29, 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. February 24, 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

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