J & J Sports Productions, Inc. v. Salim et al

Filing 42

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 4/16/2014 ORDERING the plaintiff to SHOW CAUSE in writing by 4/28/2014 as to why sanctions should not be imposed against it and/or its counsel for failure to prosecute and/or failure to f ollow court orders; ORDERING that the response to the Order to Show Cause state whether the plaintiff or its counsel is at fault and whether a hearing on the Order to Show Cause is requested; CONTINUING the Status Conference to 5/12/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a Status Report be filed fourteen (14) days prior to the Status Conference; WARNING the plaintiff that failure to timely respond to this Order to Show Cause could result in sanctions, including dismissal. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS,
INC.,
Plaintiff,

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ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

v.

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No. 2:11-cv-02440-GEB-AC

HUMBERTO LEON SANCHEZ, JR.,
individually and d/b/a
DISCOTECA SANCHEZ,
Defendant.

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The December 5, 3013 Order Striking Answer and Entering

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Default scheduled a status conference in this case on April 28,

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2014, and required Plaintiff to file a status report no later

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than

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“explain[ing] what action has been taken, if any, that Plaintiff

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opines is sufficient to prevent this action from being dismissed

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for lack of prosecution.” (Order 3:27-4:3, ECF No. 40.)

fourteen

(14)

days

prior

to

the

status

conference

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No status order has been filed as required. Further,

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review of the docket reflects that Plaintiff has taken no action

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in this case since the Clerk of the Court entered Defendant’s

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default on December 5, 2013. Therefore, Plaintiff is Ordered to

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Show Cause (“OSC”) in a writing to be filed no later than April

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28, 2014, why sanctions should not be imposed against it and/or

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its

counsel

under

Rule

16(f)

of
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the

Federal

Rules

of

Civil

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Procedure for failure to file a timely status report and/or under

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Rule 41(b) for failure to prosecute and/or follow court orders.

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The written response shall also state whether Plaintiff or its

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counsel is at fault, and whether a hearing is requested on the

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OSC.1 If a hearing is requested, it will be held on May 12, 2014,

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at 9:00 a.m., just prior to the status conference, which is

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

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

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Plaintiff is warned that the failure to timely respond
to this order could result in sanctions, including dismissal.

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IT IS SO ORDERED.
Dated:

April 16, 2014

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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.” In re 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. Myers v. Shekter (In re Hill), 775 F.2d 1385, 1387 (9th Cir. 1985).

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