Avazian v. Beers et al

Filing 4

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 2/26/14. Plaintiff is ORDERED to Show Cause in a writing to be filed no later than 3/7/2014 why sanctions should not be imposed against him and/or his counsel for failure to file a timely Status Report. The Status Conference hearing is CONTINUED from 3/3/14 to 6/9/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Further, Plaintiff is notified under Rule 4(m) of the FRCP that failure to serve Defendants with process within the 120 day period prescribed in that Rule may result in any unserved defendant(s) or this action being dismissed. To avoid dismissal, on or before April 14, 2014, Plaintiff shall file proof of service for each defendant or a sufficient explanation why service was not completed within Rule 4(m)s prescribed service period.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Avazian, Gevorg
A070917333,
Plaintiff,

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ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE; FED. R.
CIV. P. 4(M) NOTICE

v.

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No. 2:13-cv-02589-GEB-AC

Rand BEERS, Acting Secretary
of Department of Homeland
Security; Alejandro MAYORKAS,
Director, U.S. Citizenship
and Immigration Services;
Mari-Carmen JORDAN, Director,
U.S. Citizenship and
Immigration Services
Sacramento Office; and
Michael C. BIGGS, Field
Officer Director, USCIS,
Sacramento Office,

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Defendants.

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The December 13, 2013, Order Setting Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on March 3, 2013, 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.

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status report be filed regardless of whether a joint report could

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be procured. No status report was filed as ordered.

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The

March

3,

2013

Order

further

required

that

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

a

writing

to

be

filed

no

later

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than

March

7,

2014,

why

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sanctions should not be imposed against him and/or his 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 his 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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requested, it will be held on June 9, 2014, at 9:00 a.m., just

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

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

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

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Further, Plaintiff is notified under Rule 4(m) of the

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Federal Rules of Civil Procedure that failure to serve Defendants

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with process within the 120 day period prescribed in that Rule

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may result in any unserved defendant(s) or this action being

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dismissed.

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Plaintiff shall file proof of service for each defendant or a

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sufficient explanation why service was not completed within Rule

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4(m)’s prescribed service period.

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To

avoid

dismissal,

on

or

before

April

14,

2014,

IT IS SO ORDERED.
Dated:

February 26, 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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The failure of one or more of the parties to participate in the
preparation of the 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 thecooperation of the other party or parties.

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