Moreno v. Toscano, et al

Filing 13

ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 7/11/14 ORDERING Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than 7/21/14, why sanctions should not be imposed against him and/or his counsel for failure to file a timely status report. The written response shall also state whether Plaintiff or his counsel is at fault, and whether a hearing is requested on the OSC. If a hearing is requested, it will be held on 9/15/14, 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. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Juan Moreno,

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Plaintiff,

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No. 2:14-cv-00954-GEB-EFB

v.

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

Miguel Toscano; Silvia
Toscano; and Does 1-10,
Defendants.

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The

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April

18,

2014

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on July 21, 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. The April 18, 2014 Order further required that a

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

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in

a

writing

to

be

filed

no

later

than

July

21,

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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“If the fault lies with the attorney, that is where the impact of

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requested, it will be held on September 15, 2014, at 9:00 a.m.,

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

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date 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:

July 11, 2014

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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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