Fetter v. Bonner, et al.,

Filing 15

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 12/4/2012 ORDERING Plaintiff to show cause, in writing, by 12/10/2012, as to why sanctions should not be imposed for failure to file a timely Status Report; CONTINUING that Status (Pretri al Scheduling) Conference to 2/25/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; ORDERING Plaintiff to file a Proof of Service or an explanation as to why service was not effected on Defendants Placer County Sheriff, Edward N. Bonner, County of Placer, California Forensics Medical Group, and Placer County Sheriff Department pursuant to F.R.Cv.P. Rule 4(m). (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE FETTER,

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Plaintiff,

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v.

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PLACER COUNTY SHERIFF, EDWARD N.
BONNER, individually and in his
Official Capacity; COUNTY OF
PLACER; CALIFORNIA FORENSICS
MEDICAL GROUP (CFMG); PLACER
COUNTY SHERIFF DEPARTMENT;
and Does 1 through 20,

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Defendants.
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2:12-cv-02235-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE; FED.
R. CIV. P. 4(M) NOTICE

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The

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August

28,

2012,

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case on

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December 10, 2012, and required the parties to file a joint status

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report

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conference. The August 28th Order further required that a status report

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be filed regardless of whether a joint report could be procured. No

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status report was filed as ordered.

no

later

than

fourteen

(14)

days

prior

to

the

scheduling

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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 him and/or his 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 his

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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 February 25, 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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Further, Plaintiff is notified under Rule 4(m) of the Federal

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Rules of Civil Procedure that failure to serve Defendants Placer County

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Sheriff, Edward N. Bonner, County of Placer, California Forensics

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Medical Group (CFMG) and Placer County Sheriff Department with process

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within the 120 day period prescribed in that Rule may result in the

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unserved

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dismissal, on or before December 28, 2012, Plaintiff shall file proof of

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service for these defendants or a sufficient explanation why service was

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not effected within Rule 4(m)’s prescribed service period.

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defendants

and/or

this

action

being

dismissed.

To

avoid

IT IS SO ORDERED.
Dated:

December 4, 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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