Advanced Building & Fabrication, Inc., et al. v. California Highway Patrol, et al.

Filing 13

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 7/23/2014 ORDERING that each party is ORDERED TO SHOW CAUSE in a writing to be filed no later than 8/4/2014, why sanctions should not be imposed against the party and/or the party's counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. If a hearing is requested, it will be held on 8/18/2014, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. A joint status report shall be filed no later than fourteen (14) days prior to the status conference. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED BUILDING &
FABRICATION, INC., a
California Corporation; and
ROBERT HONAN, an individual,
Plaintiff,

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v.

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No.

2:13-cv-02380-GEB-CKD

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

CALIFORNIA HIGHWAY PATROL;
JOHN WILSON, an individual;
CURTIS J. AYERS an
individual; and DOES 1 to 20,
inclusive,
Defendants.

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The June 27, 2014 Order to Show Cause, (ECF No. 10),

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continued

the

Status

(Pretrial

Scheduling)

Conference

until

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August 4, 2014, and required the parties to file a joint status

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

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conference. No status report was filed as ordered.1

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

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in a writing to be filed no later than August 4, 2014, why

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sanctions should not be imposed against the party and/or the

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party’s counsel under Rule 16(f) of the Federal Rules of Civil

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

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This is the second occasion that the parties have failed to timely file
a status report.

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response

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counsel is at fault, and whether a hearing is requested on the

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OSC.2 If a hearing is requested, it will be held on August 18,

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2014, at 9:00 a.m., just prior to the status conference, which is

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rescheduled to that date and time. A joint status report shall be

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filed

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conference.

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no

shall

later

also

than

state

whether

fourteen

(14)

the

days

party

prior

or

to

the

the

party’s

status

IT IS SO ORDERED.
Dated:

July 23, 2014

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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.” 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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