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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?