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)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CYNTHIA HOPSON, 8 11 12 13 14 2:14-cv-01223-GEB-KJN Plaintiff, 9 10 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. 15 16 The July 23, 2014, Order to Show Cause and Continuing 17 18 Status (Pretrial Scheduling) Conference scheduled a status 19 conference in this case on November 24, 2014, and required the 20 parties to file a joint status report no later than fourteen (14) 21 days prior to the scheduling conference. No status report was 22 filed as ordered. 23 Therefore, Plaintiff is Ordered to Show Cause (“OSC”) 24 in a writing to be filed no later than December 1, 2014, why 25 sanctions should not be imposed against her and/or her counsel 26 under Rule 16(f) of the Federal Rules of Civil Procedure for 27 failure to file a timely status report. 28 1 1 The written response This is the second occasion in which Plaintiff has failed to timely file 1 1 shall also state whether Plaintiff or her counsel is at fault, 2 and whether a hearing is requested on the OSC.2 If a hearing is 3 requested, it will be held on January 26, 2015, at 9:00 a.m., 4 just prior to the status conference, which is rescheduled to that 5 date and time. A joint status report3 shall be filed no later 6 than fourteen (14) days prior to the status conference. 7 8 IT IS SO ORDERED. Dated: November 20, 2014 9 10 11 12 13 14 15 16 17 18 19 20 21 a status report. 22 23 24 25 26 27 28 2 “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). 3 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?