Elbert v. Miller

Filing 8

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 5/28/2014 ORDERING Plaintiff to SHOW CAUSE in writing, no later than 6/9/2014, why sanctions should not be imposed against him and/or his counsel for failure to file a timely status repor t. If a hearing is requested, it will be held on 7/7/2014, 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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TERRELL ELBERT, as an
individual,
Plaintiff,

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BRIAN MILLER, individually
and in his official capacity
as Deputy Sheriff for the
County of Solano, Deputy
Sheriff DOES 1-25, inclusive,
Defendants.

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The February 13, 2014, Order Setting Status (Pretrial
Scheduling) Conference scheduled a status conference in this case
on June 9, 2014, and required the parties to file a joint status
report no later than fourteen (14) days prior to the scheduling
conference. The February 13, 2014 Order further required that a
status report be filed regardless of whether a joint report could
be procured. No status report was filed as ordered.

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2:14-cv-00471-GEB-KJN

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

v.

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No.

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

a

writing

to

be

filed

no

later

than

June

9,

2014,

why

sanctions should not be imposed against him and/or his counsel
under Rule 16(f) of the Federal Rules of Civil Procedure for
failure to file a timely status report. The written response
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 July 7, 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.

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IT IS SO ORDERED.
Dated:

May 28, 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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