White v. Citibank, National Association

Filing 5

ORDER signed by Judge Garland E. Burrell, Jr on 9/12/12. Each party is 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 i s 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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BECKY WHITE,
Plaintiff,

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v.

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CITIBANK NATIONAL ASSOCIATION an
FDIC insured corporation, and
DOES 1-100, inclusive,

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Defendants.
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2:12-cv-01400-GEB-KJN
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The May 24, 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 24th

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

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writing to be filed no later than September 21, 2012, why sanctions

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should not be imposed against her/it and/or her/its counsel under Rule

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

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

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party or her/its counsel is at fault, and whether a hearing is requested

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on the OSC.1 If a hearing is requested, it will be held on October 15,

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2012, at 9:00 a.m., just prior to the status conference, which is

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rescheduled to that date and time. A joint status report shall be filed

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no later than fourteen (14) days prior to the status conference.

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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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