Escobar v. JP Morgan Chase Bank et al

Filing 11

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 6/19/12 ORDERING that the parties Show Cause in writing no later than 6/25/2012 why sanctions should not be imposed for failure to file a timely status report; Status Conference reset for 7/9/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Status report due no later than 14 days prior to conference. (Manzer, C)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 ELIZABETH ESCOBAR, Plaintiff, 9 v. 10 11 JP MORGAN CHASE BANK, and DOES 1-20, 12 Defendants.* ________________________________ 13 The 14 March 29, 2012 ) ) ) ) ) ) ) ) ) ) ) Order 2:11-cv-03423-GEB-EFB ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE Continuing Status (Pretrial 15 Scheduling) Conference scheduled a status conference in this case on 16 June 25, 2012, and required the parties to file a further joint status 17 report 18 conference. No joint status report was filed as ordered. no later than fourteen (14) days prior to the scheduling 19 Therefore, Plaintiff and Defendant are Ordered to Show Cause 20 (“OSC”) in a writing to be filed no later than June 25, 2012, why 21 sanctions should not be imposed against them and/or their counsel under 22 Rule 16(f) of the Federal Rules of Civil Procedure for failure to file 23 a timely status report. The written response shall also state whether 24 the parties or their counsel are at fault, and whether a hearing is 25 26 27 28 * The caption has been amended according to the April 30, 2012 Order of Dismissal (ECF No. 10), which dismissed Defendant Delinda Woltring. 1 1 requested on the OSC.1 If a hearing is requested, it will be held on July 2 9, 2012, at 9:00 a.m., just prior to the status conference, which is 3 rescheduled to that date and time. A status report shall be filed no 4 later than fourteen (14) days prior to the status conference. 5 6 IT IS SO ORDERED. Dated: June 19, 2012 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 “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). 2

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