Mt. Hawley Insurance Company v. JDS Builders Group, Inc.

Filing 9

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr., on 1/15/14. Plaintiff is ORDERED to Show Cause ("OSC") in a writing to be filed no later than 1/24/2014, why sanctions sho uld not be imposed against it and/or its counsel for failure to file a timely status report. If a hearing is requested, it will be held just prior to the status conference which is rescheduled for 3/3/2014 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. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MT. HAWLEY INSURANCE COMPANY,
an Illinois corporation,

No. 2:13-cv-02228-GEB-AC

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Plaintiff,

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

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v.
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JDS BUILDERS GROUP, INC., a
California corporation,

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Defendant.

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The October 24, 2013 Order Setting Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on January 21, 2014, 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

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required that a status report be filed regardless of whether a

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

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ordered.

conference.

The

October

24,

2013

Order

further

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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 January 24, 2014, why

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sanctions should not be imposed against it and/or its 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 its counsel is at fault,

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1

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an whethe a hea
nd
er
aring is requeste on th OSC.1 If a he
ed
he
earing is
s

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re
equested, it will be hel on Ma
,
ld
arch 3, 2
2014, at 9:00 a.
.m., just
t

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pr
rior to the statu confer
t
us
rence, w
which is reschedu
uled to t
that date
e

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an time. A join status report shall be filed no later than
nd
nt
s
t
n

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fo
ourteen (14) days prior to the st
(
s
t
tatus con
nference.

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IT IS SO ORDERED
O
D.

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Dated:

January 15, 2014
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“If the fault lies wit
t
th the att
torney, t
that is wh
here the impact of
f
sa
anction sho
ould be lo
odged. If the fault lies wit the cli
f
t
th
ients, that is where
e
th impact of the sa
he
anction sh
hould be l
lodged.” I re Sanc
In
ction of B
Baker, 744
4
F.2d 1438, 1442 (10
0th Cir. 1984), c
cert. deni
ied, 471 U.S. 101
14 (1985).
.
So
ometimes the faults of attor
t
rneys, and their co
d
onsequences are vis
s,
sited upon
n
cl
lients. Mye
ers v. She
ekter (In re Hill), 775 F.2d 1
r
1385, 1387 (9th Cir. 1985).
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.

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