Flaherty v. Lincoln City Police Department

Filing 4

ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 5/18/11 ORDERING Plaintiff is Ordered to Show Cause ("OSC") in a writing by 4:00 p.m. on 5/27/11, why sanctions should not be im posed against him and/or his counsel 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 hrg is requested on the OSC. If a hrg is requested, it will be held on 8/15/11, at 9:00 a.m., just prior to the status conference, which is reset to that date and time. A status report shall be filed no later than fourteen (14) days prior to the status conference. Further, Plaintiff is notified that any dft not served with process within the 120 day period prescribed may be dismissed as a dft in this action unless Plaintiff provides proof of service and/or "shows good cause for the failure" to serve within this prescribed period in a filing due no later than 4:00 p.m. on 5/27/11. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN P. FLAHERTY,
Plaintiff,

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v.

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LINCOLN CITY POLICE DEPARTMENT,
OFFICER D. KRAUSE #12, PAUL
TYLER, SUTTER ROSEVILLE
HOSPITAL, HERITAGE OAKS
HOSPITAL, DR. LESLIE HIRSCHAUT,
DR. SURENDAR CHIMA, CA DEPT OF
JUSTICE DIVISION OF LAW
ENFORCEMENT BUREAU, STEVE
BUFORD, Does 1-25,

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Defendants.
________________________________

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2:11-cv-00160-GEB-DAD
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER; FED. R.
CIV. P. 4(M) NOTICE

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The

January

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2011,

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case on May

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23, 2011, and required the parties to file a joint status report no

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later than fourteen (14) days prior to the scheduling conference.

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January 19, 2011 Order further required that a status report be filed

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regardless of whether a joint report could be procured. No status report

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was filed as ordered.

The

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Therefore, Plaintiff is Ordered to Show Cause (“OSC”) in a

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writing to be filed no later than 4:00 p.m. on May 27, 2011, why

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sanctions should not be imposed against him and/or his counsel under

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Rule 16(f) of the Federal Rules of Civil Procedure for failure to file

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a timely status report. The written response shall also state whether

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

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on the OSC.1 If a hearing is requested, it will be held on August 15,

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2011, at 9:00 a.m., just prior to the status conference, which is

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rescheduled to that date and time. A status report shall be filed no

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later than fourteen (14) days prior to the status conference.

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Further, Plaintiff is notified under Rule 4(m) of the Federal

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Rules of Civil Procedure that any defendant not served with process

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within the 120 day period prescribed in that Rule may be dismissed as a

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defendant in this action unless Plaintiff provides proof of service

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and/or

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prescribed period in a filing due no later than 4:00 p.m. on May 27,

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2011.

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“shows

good

cause

for

the

failure”

to

serve

within

this

IT IS SO ORDERED.
Dated:

May 18, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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“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).
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