Hopson v. Waterway Creations, Inc. et al

Filing 11

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 1/22/2015 ORDERING The plaintiff to SHOW CAUSE in writing, by 1/30/2015, why sanctions should not be imposed against her and/or her counsel under F.R.Cv.P. Rule 16(f) for failure to file a timely status report; CONTINUING the Status Conference to 3/9/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a status report be filed fourteen (14) days before the Status Conference; ORDERING the plaintiff to SHOW CAUSE in writing, by 1/30/2015, why this action should not be dismissed under F.R.Cv.P. Rule 41 for failure to prosecute. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,

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2:14-cv-01223-GEB-KJN

Plaintiff,

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No.

v.
WATERWAY CREATIONS, INC.;
CUSTOMERS FIRST ENTERPRISES,
INC.; MANGELOS BROTHERS,
INC., dba BARNWOOD
RESTAURANT; and JOSEPH
MANGELOS, dba BARNWOOD
RESTAURANT; and DOES 1-10,
inclusive,

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

Defendants.

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The November 21, 2014, Order to Show Cause scheduled a

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status conference in this case on January 26, 2015, and required

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the parties to file a joint status report no later than fourteen

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(14) days prior to the scheduling conference. No status report

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was filed as ordered.

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Therefore, Plaintiff is Ordered to Show Cause (“OSC”)1

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in a writing to be filed no later than January 30, 2015, why

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sanctions should not be imposed against her and/or her counsel

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This is the third OSC that has issued as a result of Plaintiff failing
to timely file a status report. (See ECF Nos. 6, 9.) In response to each of
the first two OSCs, Plaintiff’s counsel filed a response to the OSC but failed
to timely file a status report in connection with the corresponding continued
status conference. Plaintiff has yet to file a status report in this action.

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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 her counsel is at fault,

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and whether a hearing is requested on the OSC.2 If a hearing is

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requested, it will be held on March 9, 2015, 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 status report shall be filed no later than fourteen

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(14) days prior to the status conference.

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Further, Plaintiff is ordered to show cause why this

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action

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Procedure

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action on May 19, 2014, but no Defendant has appeared. Further,

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Plaintiff has not filed a single status report indicating her

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efforts

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before January 30, 2015, Plaintiff shall explain why this action

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should not be dismissed for failure to prosecute and indicate

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what efforts she intends to take to prosecute this action.

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should
41

to

not
for

be

dismissed

failure

prosecute

this

to

under

Federal

prosecute.

action.

To

Rule

Plaintiff

avoid

of

filed

dismissal,

Civil
this

on

or

IT IS SO ORDERED.
Dated:

January 22, 2015

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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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