Delgado et al v. National City Mortgage et al

Filing 15

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 8/25/11: Plaintiff and Defendants National City Mortgage, National City Bank, and PNC Bank, N.A., are Ordered to Show Cause in a writing to be filed no later than 4:00 p.m. on September 6, 2011, why sanctions should not be imposed against them and/or their counsels for failure to file a timely status report. Initial Scheduling Conference RESET for 10/3/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE CRUZBERTO DELGADO and MARIA
DE LA LUZ DELGADO,

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Plaintiffs,

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v.

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NATIONAL CITY MORTGAGE, NATIONAL
CITY BANK, PNC BANK, N.A., GREEN
TREE SERVICING, LLC, and DOES 1
THROUGH 100, inclusive,

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Defendants.
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2:11-cv-1258-GEB-CKD
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE; FED.
R. CIV. P. 4(M) NOTICE

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The May 11, 2011, Order Setting Status (Pretrial Scheduling)

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Conference scheduled a status conference in this case on August 29,

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

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than fourteen (14) days prior to the scheduling conference. The May 11,

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2011 Order further required that a status report be filed regardless of

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whether a joint report could be procured. No status report was filed as

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ordered.

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Therefore, Plaintiff and Defendants National City Mortgage,

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National City Bank, and PNC Bank, N.A., are Ordered to Show Cause

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(“OSC”) in a writing to be filed no later than 4:00 p.m. on September 6,

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2011, why sanctions should not be imposed against them and/or their

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counsels under Rule 16(f) of the Federal Rules of Civil Procedure for

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failure to file a timely status report. The written response shall also

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

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

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held on October 3, 2011, at 9:00 a.m., just prior to the status

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conference, which is rescheduled to that date and time. A status report

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shall be filed no later than fourteen (14) days prior to the status

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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 if Green Tree Servicing, LLC is not served

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with process within the 120 day period prescribed in that Rule, it may

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be dismissed as a defendant in this action unless Plaintiff provides

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proof of service and/or “shows good cause for the failure” to serve

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within this prescribed period in a filing due no later than 4:00 p.m. on

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September 14, 2011.

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IT IS SO ORDERED.
Dated:

August 25, 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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