Kruize v. Safeway, Inc.

Filing 8

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 5/18/2011 ORDERING the parties to Show Cause in a writing to be filed no later than 4:00 PM on 5/27/2011, why sanctions should not be imposed against them and/or their counsel under Rule 16(f) of the FRCP for failure to file a timely status report; Scheduling Conference reset for 6/13/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE EASTERN DISTRICT OF CALIFORNIA

7
8

DAWN KRUIZE,
Plaintiff,

9
10

v.

12

SAFEWAY, INC., a corporation;
and DOES 1 through 50,
inclusive,

13

Defendants.
________________________________

11

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

2:11-cv-00299-GEB-GGH
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER

14
15

The

February

1,

2011,

Order

Setting

Status

(Pretrial

16

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

17

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

18

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

19

February 1, 2011 Order further required that a status report be filed

20

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

21

was filed as ordered.

22

Therefore, the parties are Ordered to Show Cause (“OSC”) in a

23

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

24

sanctions should not be imposed against them and/or their counsel under

25

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

26

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

27

the parties or their counsel are at fault, and whether a hearing is

28
1

1

requested on the OSC.1

2

June 13, 2011, at 9:00 a.m., just prior to the status conference, which

3

is rescheduled to that date and time. A joint status report shall be

4

filed no later than fourteen (14) days prior to the status conference.

5
6

If a hearing is requested, it will be held on

IT IS SO ORDERED.
Dated:

May 18, 2011

7
8

GARLAND E. BURRELL, JR.
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
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