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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 DATATEL SOLUTIONS, INC., a California corporation, Plaintiff, 9 12 13 KEANE TELECOM CONSULTING, LLC, a New Jersey limited liability company; OUTREACH TELECOM AND ENERGY, LLC, a New Jersey limited liability company, 14 2:12-cv-01306-GEB-EFB ORDER TO SHOW CAUSE, VACATING FINAL PRETRIAL CONFERENCE AND TRIAL, AND SCHEDULING STATUS CONFERENCE v. 10 11 No. Defendants. 15 16 The April 9, 2013 Status (Pretrial Scheduling) Order 17 scheduled a final pretrial conference in this case for July 28, 18 2014. The Status Order required the parties to file a final 19 pretrial statement “no later than seven (7) calendar days prior 20 to the final pretrial conference.” (Status Order 3:12-13, ECF No. 21 33.) No joint final pretrial statement was filed as required. Therefore, Plaintiff is Ordered to Show Cause (“OSC”) 22 23 in a writing to be filed no later 24 sanctions should not be imposed against it and/or its counsel 25 under Rule 16(f) of the Federal Rules of Civil Procedure for 26 failure to file a timely final pretrial statement. The written 27 response shall also state whether Plaintiff or its counsel is at 28 1 than July 28, 2014, why 1 fault, and whether a hearing is requested on the OSC.1 2 Further, review of the docket reveals this action is 3 proceeding 4 final pretrial conference scheduled for July 28, 2014, and the 5 trial scheduled to commence on October 21, 2014, are VACATED. A 6 status 7 November 24, 2014.2 Plaintiff shall file a status report no later 8 than fourteen (14) days prior to the status conference in which 9 it explains the status of the default proceedings. 10 11 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 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.” 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). 2 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. 2

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