Johnson v. Delta National Bancorp et al

Filing 15

ORDER TO SHOW CAUSE AND CONTINUING STATUS PRETRIAL SCHEDULING CONFERENCE signed by Judge Garland E. Burrell, Jr. on 10/16/2014 ORDERING Each party is ORDERED to Show Cause in a writing to be filed no later than 10/27/2014, why sanctions should not b e imposed against the party and/or the party's counsel under Rule 16(f) of the FRCP for failure to file a timely status report; if a hearing is requested, it will be held on 11/24/2014 at 09:00 AM; just prior to the status conference, which is r escheduled to that date and time; A status report shall be filed no later than 14 days prior to the status conference. Since Defendant Delta National Bancorp has filed two Answers by different counsel, 6 , 9 , and this Defendant filed a Cross-Complaint for Indemnity in connection with one of its Answers, 5 , the joint status report shall address representation of Defendant Delta National Bancorp and whether the referenced Cross-Complaint will be served and prosecuted. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Johnson,

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No. 2:14-cv-01083-GEB-EFB

Plaintiff,
v.
Delta National Bancorp, a
California Corporation;
Watheq Nabeel Abdelhaq; and
Does 1-10,

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

Defendants.

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AND RELATED CROSS-COMPLAINT

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The July 23, 2014 Order Continuing Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on October 27, 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 conference. No status report was filed as ordered.

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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 October 27, 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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response

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

shall

also

state

whether

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the

party

or

the

party’s

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OSC.1 If a hearing is requested, it will be held on November 24,

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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 status report shall be filed

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no later than fourteen (14) days prior to the status conference.

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Since Defendant Delta National Bancorp has filed two Answers by

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different counsel, (ECF Nos. 6, 9), and this Defendant filed a

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Cross-Complaint

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Answers,

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representation of Defendant Delta National Bancorp and whether

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No.

Indemnity
5),

the

in

joint

connection
status

with

report

one

shall

of

its

address

the referenced Cross-Complaint will be served and prosecuted.

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(ECF

for

IT IS SO ORDERED.
Dated:

October 16, 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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