Barnes-Boers v. Tractor Supply Company

Filing 7

ORDER TO SHOW CAUSE AND CONTINUING STATUS PRETRIAL SCHEDULING CONFERENCE signed by Judge Garland E. Burrell, Jr. on 11/18/2013 ORDERING Plaintiff is Ordered to Show Cause in a writing to be filed no later than 11/25/2013, why sanctions should not be imposed against her and/or her counsel under Rule 16(f) of the FRCP for failure to file a timely status report. Scheduling Conference Reset for 1/21/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed no later than 14 days prior to the Status Conference. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Becky Barnes-Boers,

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2:13-cv-01585-GEB-CMK

Plaintiff,

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No.

v.

ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

Tractor Supply Company, a
Delaware Corporation; and
Does 1-10,

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Defendants.

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The

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August

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2013

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on November 25, 2013, and required the parties to file a joint

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

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scheduling conference. The August 1, 2013 Order further required

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that a status report be filed regardless of whether a joint

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report could be procured. No status report was filed as ordered.

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Therefore, Plaintiff is Ordered to Show Cause (“OSC”)

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in a writing to be filed no later than November 25, 2013, why

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sanctions should not be imposed against her and/or her counsel

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under Rule 16(f) of the Federal Rules of Civil Procedure for

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failure to file a timely status report. The written response

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shall also state whether Plaintiff or her counsel is at fault,

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and whether a hearing is requested on the OSC.1 If a hearing is

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“If the fault lies with the attorney, that

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is where the impact of

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requested, it will be held on January 21, 2014, at 9:00 a.m.,

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

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date and time. A joint status report shall be filed no later than

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fourteen (14) days prior to the status conference.

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IT IS SO ORDERED.

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Dated:

November 18, 2013

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sanction should be lodged. If the fault lies with the clients, that is where
the impact of the sanction should be lodged.” In re 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. Myers v. Shekter (In re Hill), 775 F.2d 1385, 1387 (9th Cir. 1985).

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