Datatel Solutions, Inc., v. Keane Telecom Consulting, LLC, et al
Filing
60
ORDER TO SHOW CAUSE, VACATING FINAL PRETRIAL CONFERENCE AND TRIAL, AND SCHEDULING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 7/22/14 ORDERING Plaintiff to Show Cause ("OSC") in a writing to be filed no later than July 28, 2014, why sanctions should not be imposed against it and/or its counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely final pretrial statement; the final pretrial conference scheduled for July 28, 2014, an d the trial scheduled to commence on October 21, 2014, are VACATED; A status conference is scheduled to commence at 9:00 a.m. on November 24, 2014. Plaintiff shall file a status report no later than fourteen (14) days prior to the status conference in which it explains the status of the default proceedings. (Becknal, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DATATEL SOLUTIONS, INC., a
California corporation,
Plaintiff,
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KEANE TELECOM CONSULTING,
LLC, a New Jersey limited
liability company; OUTREACH
TELECOM AND ENERGY, LLC, a
New Jersey limited liability
company,
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2:12-cv-01306-GEB-EFB
ORDER TO SHOW CAUSE, VACATING
FINAL PRETRIAL CONFERENCE AND
TRIAL, AND SCHEDULING STATUS
CONFERENCE
v.
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No.
Defendants.
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The April 9, 2013 Status (Pretrial Scheduling) Order
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scheduled a final pretrial conference in this case for July 28,
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2014. The Status Order required the parties to file a final
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pretrial statement “no later than seven (7) calendar days prior
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to the final pretrial conference.” (Status Order 3:12-13, ECF No.
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33.) No joint final pretrial statement was filed as required.
Therefore, Plaintiff is Ordered to Show Cause (“OSC”)
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in
a
writing
to
be
filed
no
later
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sanctions should not be imposed against it and/or its counsel
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under Rule 16(f) of the Federal Rules of Civil Procedure for
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failure to file a timely final pretrial statement. The written
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response shall also state whether Plaintiff or its counsel is at
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than
July
28,
2014,
why
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fault, and whether a hearing is requested on the OSC.1
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Further, review of the docket reveals this action is
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proceeding
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final pretrial conference scheduled for July 28, 2014, and the
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trial scheduled to commence on October 21, 2014, are VACATED. A
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status
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November 24, 2014.2 Plaintiff shall file a status report no later
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than fourteen (14) days prior to the status conference in which
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it explains the status of the default proceedings.
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by
default
conference
is
against
all
scheduled
to
defendants.
commence
at
Therefore,
9:00
a.m.
the
on
IT IS SO ORDERED.
Dated:
July 22, 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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If a hearing is requested on the OSC, it will be held on November 24,
2014, at 9:00 a.m., just prior to the status conference scheduled infra.
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