Simmons et al v. County of El Dorado et al

Filing 13

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr., on 8/25/11. The Status Conference is CONT'D to 10/3/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A joint status report shall be FILED no later than 14 days prior to the status conference. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Terry Simmons; Kelly Laney,
Plaintiffs,

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v.

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County of El Dorado; and Does 1
through 50, inclusive,

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Defendants.
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2:11-cv-00468-GEB-KJN
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

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An Order to Show Cause (“OSC”) issued on June 8, 2011,

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directing Plaintiffs to explain why sanctions should not be imposed

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

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report. (ECF No. 6.) Because of this failure, a previously scheduled

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status conference was continued to August 29, 2011, and the parties were

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

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prior to the rescheduled status conference. Id. Plaintiffs responded to

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the OSC and yet again failed to file a status report.

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The status conference presently scheduled in this action on

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August 29, 2011 is continued to October 3, 2011, commencing at 9:00 a.m.

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A joint status report shall be filed no later than fourteen (14) days

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prior to the status conference.

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Lastly, Plaintiffs’ response to the OSC shows that their

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counsel has clearly engaged in sanctionable conduct.

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upon an attorney practicing in [any court] to [learn] what is expected

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by the court . . . and the consequences inherent in noncompliance.”

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Dela Rosa v. Scottsdale Memorial Health Systems, Inc., 136 F.3d 1241,

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1244 (9th Cir. 1998). “The cogs of the wheel of justice move much more

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smoothly when attorneys who practice in this court follow the rules of

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practice

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adopted.”

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“It is incumbent

for failure to file a timely status report.

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and
Id.

procedure

[that

have

been]

carefully

developed

Plaintiffs are warned that sanctions could be imposed

IT IS SO ORDERED.
Dated:

August 25, 2011

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and

GARLAND E. BURRELL, JR.
United States District Judge

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