Malibu Media, LLC v. Unknown

Filing 8

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 9/21/12 ORDERING the plaintiff to show cause in writing no later than 10/1/12 why sanctions should not be imposed for failure to file a timely status report. Status Conference is reset for 10/15/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Status report shall be filed no later than 14 days prior to status conference. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIBU MEDIA, LLC, a California
limited liability company,

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Plaintiff,

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v.

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JOHN DOE 1,

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Defendant.*
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2:12-cv-01459-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The May 30, 2012 Order Setting Status (Pretrial Scheduling)

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Conference scheduled a status conference in this case on October 1,

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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 30,

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2012 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 is Ordered to Show Cause (“OSC”) in a

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writing to be filed no later than October 1, 2012, why sanctions should

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

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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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The caption has been amended according to the dismissal of
Defendants John Does 2-7. See ECF No. 7.
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counsel is at fault, and whether a hearing is requested on the OSC.1 If

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a hearing is requested, it will be held on October 15, 2012, 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:

September 21, 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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