Simmons et al v. County of El Dorado et al

Filing 6

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 6/8/11 ORDERING pltfs to Show Cause in a writing to be filed no later than 4:00 p.m. on 6/17/11 why sanctions should not be imposed against them and/or their counsel under Rule 16(f) of th e FRCP for failure to file a timely status report; if a hearing is requested, it will be held on 8/29/11 at 9:00 a.m. in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. just prior to the status conference, which is RE-SET to that date and time. A status report shall be filed no later than 14 days prior to the status conference. (Carlos, K)

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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; Randy
Peshon; and Does 1 through 15,
inclusive,

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Defendants.
________________________________

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2:11-cv-00468-GEB-KJN
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER; FED. R.
CIV. P. 4(M) NOTICE

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The

February

22,

2011,

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case on

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June 13, 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. (ECF

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No. 5, ¶ 6.) The February 22, 2011 Order further required that a status

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report be filed regardless of whether a joint report could be procured.

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Id. at 2 n.1. No status report was filed as ordered.

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

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writing to be filed no later than 4:00 p.m. on June 17, 2011, why

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sanctions should not be imposed against them and/or their 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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Plaintiffs or their counsel are at fault, and whether a hearing is

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requested on the OSC.1

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August 29, 2011, at 9:00 a.m., just prior to the status conference,

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

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filed no 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

“shows

good

If a hearing is requested, it will be held on

cause

for

the

failure”

to

serve

within

this

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prescribed period in a filing due no later than 4:00 p.m. on June 22,

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2011.

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IT IS SO ORDERED.
Dated:

June 8, 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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