Hopson v. Waterway Creations, Inc. et al

Filing 9

ORDER and ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 11/20/2014 ORDERING Plaintiff to SHOW CAUSE in writing by 12/1/2014 why sanctions should not imposed for failure to file a timely status report. It is FURTHER ORDERED that the Status Conference is CONTINUED to 1/26/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr Status Report due 14 days prior to the status conference. (Donati, J)

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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 July 23, 2014, Order to Show Cause and Continuing

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Status

(Pretrial

Scheduling)

Conference

scheduled

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status

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conference in this case on November 24, 2014, and required the

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parties to file a joint status report no later than fourteen (14)

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days prior to the scheduling conference. No status report was

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filed as ordered.

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

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in a writing to be filed no later than December 1, 2014, why

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

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The written response

This is the second occasion in which Plaintiff has failed to timely file

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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 January 26, 2015, 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 report3 shall be filed no later

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

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IT IS SO ORDERED.
Dated:

November 20, 2014

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a status report.

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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 the cooperation of the other party or parties.

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