Accor Franchising North America, LLC v. Elohim Ent. Inc. et al

Filing 16

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 9/20/12 ORDERING Plaintiff is Ordered to Show Cause in a writing to be filed no later than October 1, 2012, why sanctions should not be imposed against it and/or its counsel for failure to file a timely status report. The Status Conference is reset for 10/15/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accor Franchising North America,
LLC,

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Plaintiff,

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v.

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Elohim Ent. Inc., Gondosinaryo
Listyo,

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Defendants.
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2:12-cv-00762-GEB-CKD
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The

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June

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2012

Minute

Order

rescheduled

the

status

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conference in this case for October 1, 2012, and required the parties to

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file a joint status report no later than fourteen (14) days prior to the

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scheduling conference. (ECF No. 9.) A status report was required to be

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

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26, 2012 Order Setting Status (Pretrial Scheduling) Conference 2 n.1,

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ECF No. 3. No status report was filed as ordered.

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Therefore, Plaintiff is Ordered to Show Cause (“OSC”) in a

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writing to be filed no later than October 1, 2012, why sanctions should

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not be imposed against it and/or its counsel under Rule 16(f) of the

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Federal Rules of Civil Procedure for failure to file a timely status

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report. 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 OSC.1 If

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“If the fault lies with the attorney, that is where the impact
(continued...)
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a hearing is requested, it will be held on October 15, 2012, at 9:00

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a.m., just prior to the status conference, which is rescheduled to that

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date and time. A status report shall be filed no later than fourteen

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(14) days prior to the status conference.

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IT IS SO ORDERED.
Dated:

September 20, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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(...continued)
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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