E Clampus Vitus v. Steiner et al

Filing 8

ORDER signed by Judge Garland E. Burrell, Jr on 9/12/12. Plaintiffs and Defendants are ORDERED to Show Cause in a writing to be filed no later than 9/21/2012, why sanctions should not be imposed against them for failure to file a timely status report . If a hearing is requested, it will be held on 10/15/2012 at 09:00 AM just prior to the Status Conference, which is RESCHEDULED to that date and time. A joint status report shall be filed no later than fourteen (14) days prior to the Status Conference.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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E CLAMPUS VITUS,

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Plaintiff,

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v.

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DAVID L. STEINER, THOMAS PEAK,
JOHN MOORE, KARL DODGE, JOSEPH
ZUMWALT CHAPTER 169 E CLAMPUS
VITUS and DOES 1 through 50,

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Defendants.
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2:12-cv-01381-GEB-GGH
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The May 23, 2012 Order Setting Status (Pretrial Scheduling)

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Conference scheduled a status conference in this case on September 17,

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2012, and required the parties to file a joint status report no later

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than fourteen (14) days prior to the scheduling conference. The May 23rd

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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 and Defendants are Ordered to Show Cause

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(“OSC”) in a writing to be filed no later than September 21, 2012, why

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sanctions should not be imposed against them and/or their counsel under

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Rule 16(f) of the Federal Rules of Civil Procedure for failure to file

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a timely status report. The written response shall also state whether

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the parties or their counsel are at fault, and whether a hearing is

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requested on the OSC.1 If a hearing is requested, it will be held on

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October 15, 2012, at 9:00 a.m., just prior to the status conference,

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which is rescheduled to that date and time. A joint status report shall

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be

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conference.

filed

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no

later

than

fourteen

(14)

days

prior

to

the

status

IT IS SO ORDERED.
Dated:

September 12, 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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