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

Filing 56

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 11/14/2012 ORDERING Plaintiff to SHOW CAUSE in writing no later than 11/19/2012, why sanctions should not be imposed against her and/or counsel under Rule 16(f) and the Federal Rules of P rocedure for failure to file a timely final pretrial statement. The response shall also state whether Plaintiff or her counsel is at fault, and whether a hearing is requested on the OSC. If a hearing is requested, it will be held on 12/10/2012, just prior to the Final Pretrial Conference, which is RESCHEDULED to 12/10/2012 at 1:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Krueger, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA CHRISTINA STEIN, aka MARY
STEIN,

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Plaintiff,

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v.
BANK OF AMERICA, N.A., successor
in interest to Countrywide Bank,
FSB; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. aka
“MERS”,
Defendants.
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2:10-cv-02827-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING FINAL PRETRIAL
CONFERENCE

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The January 25, 2012 Minute Order rescheduled the final

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pretrial conference until November 19, 2012, at 2:30 p.m., and required

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the parties to file a joint final pretrial statement “seven days prior

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to the hearing.” (ECF No. 49.) No joint statement was filed as required.

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Only Defendants filed an untimely, separate Pretrial Statement on

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November 14, 2012, in which they state: “Plaintiff Maria Stein has not

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filed a pretrial statement. And counsel for defendants . . . has been

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unable to get in contact with Plaintiff’s counsel regarding the filing

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of

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pretrial statement on behalf of themselves, only . . . .”(ECF No. 55:8-

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14.)

a

joint

pretrial

statement.

Accordingly,

Defendants

file

this

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Therefore, Plaintiff Ordered to Show Cause ("OSC") in a

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writing to be filed no later than November 19, 2012, why sanctions

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should not be imposed against her and/or her counsel under Rule 16(f) of

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the Federal Rules of Civil Procedure for failure to file a timely final

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pretrial statement. The written response shall also state whether

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Plaintiff or her counsel is at fault, and whether a hearing is requested

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on the OSC. If a hearing is requested, it will be held on December 10,

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2012, at 1:30 p.m., just prior to the final pretrial conference, which

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is rescheduled to that date and time.

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A joint final pretrial statement shall be filed no later than

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seven (7) days prior to the final pretrial conference.1 The parties shall

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give themselves adequate time to meet and confer in advance of this

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filing date to timely prepare and file a joint statement and are warned

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that

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sanctions.

the

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failure

to

file

a

joint

statement

may

subject

them

to

IT IS SO ORDERED.
Dated:

November 14, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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The failure of one or more of the parties to participate in
the preparation of any joint document required to be filed in this case
does not excuse the other parties from their obligation to timely file
the document in accordance with this Order. In the event a party fails
to participate as ordered, the party or parties timely submitting the
document shall include a declaration explaining why they were unable to
obtain the cooperation of the other party.
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