Foster v. State of Hawaii Department of Accounting and General Services, et al

Filing 10

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) ORDER, signed by Judge Garland E. Burrell, Jr., on 5/18/11. Plaintiff is ORDERED to show cause in writing no later than 4:00 p.m. on 5/27/11, why sanctions should not be imposed against her and/or her counsel for failure to file a timely status report. The Status Conference is CONT'D to 6/13/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A status report shall be filed no later than 14 days prior to the status conference. (Kastilahn, A)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE EASTERN DISTRICT OF CALIFORNIA

7
8

Marie Foster,
Plaintiff,

9
10
11
12
13
14

v.
State of Hawaii Department of
Accounting and General Services;
Hawaii state Archives; Julie A.
Ugalde, Risk Management Officer,
Defendants.
________________________________

)
)
)
)
)
)
)
)
)
)
)
)
)

2:10-cv-02640-GEB-DAD
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER

15

An Order to Show Cause (“OSC”) issued on February 22, 2011,

16

directing Plaintiff to explain why sanctions should not be imposed

17

against her and/or her counsel for failure to file a timely status

18

report. (ECF No. 7.) Because of this failure, a previously scheduled

19

status conference was continued to March 28, 2011, and Plaintiff was

20

required to file a status report no later than fourteen (14) days prior

21

to the rescheduled status conference. Id.

22

Plaintiff’s counsel filed a response to the OSC, in which he

23

declared that the failure to file a status report “was related to the

24

fact that plaintiff has agreed to dismiss her complaint because her

25

complaint cannot proceed due to jurisdictional problems.” (ECF No. 8, ¶

26

3.) Plaintiff’s counsel also stated in his response to the OSC that

27

“plaintiff will be filing dismissal papers within thirty days.” Id. at

28

¶ 4. Therefore, the status conference was continued again, until May 23,

1

1

2011, at 9:00 a.m., in the event the action was not dismissed. (ECF No.

2

9.)

3

directed Plaintiff to file a status report no later than fourteen (14)

4

days prior to the Status Conference, in which she was required to

5

address the basis for jurisdiction. Id.

The

Order

Continuing

Status

(Pretrial

Scheduling)

Conference

6

Plaintiff has not filed dismissal papers and did not file a

7

status report, as required. Therefore, Plaintiff is Ordered to Show

8

Cause (“OSC”) in a writing to be filed no later than 4:00 p.m. on May

9

27, 2011, why sanctions should not be imposed against her and/or her

10

counsel under Rule 16(f) of the Federal Rules of Civil Procedure for

11

failure to file a timely status report. The written response shall also

12

state whether Plaintiff or her counsel is at fault, and whether a

13

hearing is requested on the OSC.1

14

held

15

conference, which is rescheduled to that date and time. A status report

16

shall be filed no later than fourteen (14) days prior to the status

17

conference, in which the basis for jurisdiction is included.

on

18
19

June

13,

2011,

at

If a hearing is requested, it will be

9:00

a.m.,

just

prior

to

the

status

IT IS SO ORDERED.
Dated:

May 18, 2011

20
21

GARLAND E. BURRELL, JR.
United States District Judge

22
23
24
25
26
27
28

1

“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