Wilkinson v. M. Callahan & Associates, LLC

Filing 24

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 9/13/10: Plaintiff is Ordered to Show Cause in a writing to be filed no later than 4:00 p.m. on October 18, 2010, why sanctions shoul d 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. Status Conference RESET for 11/1/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

Wilkinson v. M. Callaghan & Associates, LLC

Doc. 24

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 "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 (continued...) 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

RONALD WILKINSON, Plaintiff, v. M. CALLAGHAN & ASSOCIATES, LCC, Defendant. ________________________________

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2:09-cv-03386-GEB-KJM ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

The May 13, 2010, Minute Order continuing the scheduling conference until September 20, 2010, required Plaintiff to file a status report no later than fourteen days prior to the scheduling conference addressing only the status of the default proceedings. (ECF No. 12.) No 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 18, 2010, 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

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a hearing is requested, it will be held on November 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: September 13, 2010

GARLAND E. BURRELL, JR. United States District Judge

(...continued) consequences, are visited upon clients. (9th Cir. 1985). 2

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In re Hill, 775 F.2d 1385, 1387