Moreno v. In Shape City

Filing 7

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 4/18/13: Plaintiff is Ordered to Show Cause (OSC) in a writing to be filed no later than April 29, 2013, why sanctions should not be imposed against her and/or her counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. Scheduling Conference RESET for 6/10/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONNIE MORENO,

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Plaintiff,

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v.

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IN SHAPE CITY,

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Defendant.
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2:13-cv-00358-GEB-JFM
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

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The

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February

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2013,

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case on

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April 29, 2013, and required the parties to file a joint status report

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

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February 22nd Order further required that a status report be filed

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

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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 April 29, 2013, why sanctions should

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not be imposed against her and/or her 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 her

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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
(continued...)
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a hearing is requested, it will be held on June 10, 2013, at 9:00 a.m.,

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just prior to the status conference, which is rescheduled to that date

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and time. A joint 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:

April 18, 2013

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

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(...continued)
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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