Johnson v. Twins Folsom Investment, LLC

Filing 9

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 2/26/2014 ORDERING each party to SHOW CAUSE in writing by 3/7/2014 as to why sanctions should not be imposed under F.R.Cv.P. Rule 16(f) for failure to file a timely status report; CONTINUING the Status Conference to 4/14/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a joint status report be filed fourteen (14) days prior to the status conference. (Michel, G)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

Scott Johnson,

8

Plaintiff,

9
10
11
12

No. 2:13-cv-01804-GEB-DAD

v.

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

Twins Folsom Investment,
LLC., a California Limited
Liability Company; and Does
1-10,
Defendants.

13
14

The December 3, 2013 Order to Show Cause, (ECF No. 5),

15

which issued due to Plaintiff’s failure to file a status report,

16

continued the status conference in this case to March 3, 2014,

17

and required a status report to be filed no later than fourteen

18

(14) days prior to the scheduling conference. For the second

19

time, no status report was filed as ordered.
Therefore, each party is Ordered to Show Cause (“OSC”)

20
21

in

22

sanctions should not be imposed against him/it and/or his/its

23

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

24

for the failure to file a timely status report. The written

25

response shall state whether the party or his/its counsel is at

26

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

27

1

28

a

writing

to

be

filed

no

later

than

March

7,

2014,

why

“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.” In re Sanction of Baker, 744

1

1

hearing is requested, it will be held on April 14, 2014, at 9:00

2

a.m., just prior to the status conference, which is rescheduled

3

to that date and time. A joint status report shall be filed no

4

later than fourteen (14) days prior to the status conference.2

5
6

IT IS SO ORDERED.
Dated:

February 26, 2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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).
2
The failure of one or more of the parties to participate in the
preparation of a joint status report does not excuse the other parties from
their obligation to timely file a status report in accordance with this order.
In the event a party fails to participate as ordered, the party timely
submitting the status report shall include a declaration explaining why it was
unable to obtain the cooperation of the other party or parties.

2