Patrick Collins, Inc. v. Unknown

Filing 17

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 12/3/2012. Plaintiff is ordered to SHOW CAUSE, in writing to be filed no later than 12/10/2012, why sanctions should not be imposed against counsel for failure to file timely Status Report. The Status Conference is RE-SCHEDULED for 1/14/2013 at 9:00 AM in Courtroom 10 (GEB) with OSC Hearing to precede, if requested. Status Report shall be filed no later than 14 days prior to Status Conference. (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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PATRICK COLLINS, INC.,
Plaintiff,

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v.

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JOHN DOES 1 through 11,

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Defendants.
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2:12-cv-01458-GEB-JFM
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The

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October

9,

2012

Minute

Order

continued

the

status

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conference to December 10, 2012, and required the parties to file a

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joint status report no later than fourteen (14) days prior to the

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scheduling conference. No status report was filed as 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 December 10, 2012, why sanctions

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should not be imposed against it and/or its counsel under Rule 16(f) of

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the 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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“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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a hearing is requested, it will be held on January 14, 2013, 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:

December 3, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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