Stein v. Bank of America, N.A., et al.,

Filing 20

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 3/7/2011 ORDERING Show Cause Response due no later than 4:00 PM on 3/28/2011; Initial Scheduling Conference reset for 4/11/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr; A status report shall be filed nolater than 14 days prior to the status conference. (Reader, L)

Stein v. Bank of America, N.A., et al.,

Doc. 20

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 v. BANK OF AMERICA, N.A., successor by merger to Countrywide Bank, FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AKA "MERS"; DOES 1-20 inclusive, Defendants. ________________________________ The Scheduling) October Conference 26, 2010, MARIA CHRISTINA STEIN, aka MARY STEIN, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-02827-GEB-EFB ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Order 26

Setting

Status

(Pretrial a status

("October

Order")

scheduled

conference in this case on March 14, 2011, and required the parties to file a joint status report no later than fourteen (14) days prior to the scheduling conference. (ECF No. 9.) The October 26 Order further

required that a status report be filed regardless of whether a joint report could be procured. No status report was filed as ordered. Therefore, the parties are Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on March 28, 2011, 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 the parties or their counsel are at fault, and whether a hearing is

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requested on the OSC.1

If a hearing is requested, it will be held on

April 11, 2011, 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 (14) days prior to the status conference. IT IS SO ORDERED. Dated: March 7, 2011

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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