McDonough v. El-Khal et al

Filing 20

ORDER signed by Judge Garland E. Burrell, Jr on 2/12/15 ordering plaintiff is ordered to show cause in writing to be filed no later than 2/23/15, why sanctions should not be imposed against her and/or her counsel under rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. ( In Court Hearing set for 3/23/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Linda McDonough,

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No. 2:14-cv-01252-GEB-CMK

Plaintiff,
v.
United States of America,

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

Defendant.

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The December 2, 2014 Minute Order scheduled a status

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conference in this case on February 23, 2015, 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. The government filed a

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separate status report in which it states:

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Plaintiff’s attorney of record is Dennis
B. Hill, who filed this action on Plaintiff’s
behalf and filed papers in opposition to the
United States’ motion to dismiss.
When
contacted regarding this joint statement,
however, Mr. Hill stated that he had received
a
letter
from
attorney
William
Lyons,
purporting to represent Plaintiff. Mr. Hill
stated that he no longer believed he was
authorized to file or join in a statement.
The telephone number provided for Mr. Lyons,
which is the same number appearing on his
California State Bar “Attorney Profile” page,
is disconnected. Unable to contact Mr. Lyons,
the United States submits this separate
statement and the accompanying declaration.

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(Gov’t Status Report 1:21-2:2, ECF No. 18 (citations omitted).)

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Plaintiff did not file a status report.
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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 February 23, 2015, 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. 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.1 If a hearing is

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requested, it will be held on March 23, 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 joint status report shall be filed no later than

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fourteen (14) days prior to the status conference.2

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IT IS SO ORDERED.
Dated:

February 12, 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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The failure of one of the parties to participate in the preparation of
the Joint Status Report does not excuse the other party from her/its
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.

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