Worldslide, LLC v. Dubinsky et al

Filing 6

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 7/16/2012. Plaintiff is ordered to SHOW CAUSE, in writing and no later than 7/23/20212, why sanctions should not be imposed against counsel for failure to timely file a Status Report. Scheduling Conference is RE-SCHEDULED for 9/17/2012 at 9:00 AM in Courtroom 10 (GEB). Status Report shall be filed no later than 14 days prior to hearing. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WORLDSLIDE, LLC,
Plaintiff,

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v.

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BRIAN DUBINSKY and AQUAWOOD,
LLC, using trade name TOYQUEST;
WAL-MART STORES, INC.;
AMAZON.COM, INC.; and TOYS ‘R’
US-DELAWARE, INC.,

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Defendants.
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2:12-cv-00872-GEB-CKD
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The April 5, 2012, Order Setting Status (Pretrial Scheduling)

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Conference scheduled a status conference in this case on July 23, 2012,

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

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fourteen (14) days prior to the scheduling conference. The April 5, 2012

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

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writing to be filed no later than July 23, 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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a hearing is requested, it will be held on September 17, 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:

July 16, 2012

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GARLAND E. BURRELL, JR.
Senior 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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