Hudgins v. Portfolio Recovery Associates, LLC

Filing 10

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 9/20/2011 ORDERING that Plaintiff and Defendant are Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on October 3, 2011, why sanctions should not be imposed against them and/or their counsel for failure to file a timely status report. Status Conference is CONTINUED to 10/31/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A status report shall be filed no later than fourteen (14) days prior to the status conference.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE HUDGINS,
Plaintiff,

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v.

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PORTFOLIO RECOVERY ASSOCIATES,
LLC, and DOES 1-10, inclusive,

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Defendant.
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2:11-cv-01518-GEB-GGH
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The June 6, 2011, Order Setting Status (Pretrial Scheduling)

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Conference scheduled a status conference in this case on October 3,

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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 June 6,

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

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

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filed as ordered.

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Therefore, Plaintiff and Defendant are Ordered to Show Cause

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(“OSC”) in a writing to be filed no later than 4:00 p.m. on October 3,

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

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counsel 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 31, 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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IT IS SO ORDERED.
Dated:

September 20, 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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