California Sportfishing Protection Alliance v. Northern Recycling & Waste Services et al

Filing 4

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 10/16/2014. Plaintiff shall SHOW CAUSE, in writing and not later than 10/27/2014, why sanctions should not be imposed against counsel. If requested, a OSC Hearing will be set on 1/26/2015 at 9:00 AM prior to Status Conference. A Joint Status Report shall be filed no later than 14 days prior to Status Hearing. Further, plaintiff is notified under Rule 4(m) of Federal Rules of Civil Procedure that failure to serve defendants Northern R ecycling & Waste Services and Douglas Speicher with process within 120-day period prescribed in that Rule may result in unserved defendant(s) and/or action being dismissed. To avoid dismissal, on or before 11/7/2014, plaintiff shall file Proof of Service for these defendants or a sufficient explanation why service was not completed within prescribed service period. (Marciel, M)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7
8

CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a
nonprofit corporation,

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

No. 2:14-cv-01601-GEB-CKD

Plaintiff,
v.
NORTHERN RECYCLING & WASTE
SERVICES, a California
corporation, and DOUGLAS
SPEICHER, an individual,

ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE; FED. R.
CIV. P. 4(M) NOTICE

Defendants.

The

July

8,

2014,

Order

Setting

Status

(Pretrial

Scheduling) Conference scheduled a status conference in this case
on October 27, 2014, and required the parties to file a joint
status report no later than fourteen (14) days prior to the
scheduling conference. The July 8, 2014 Order further required a
status report be filed regardless of whether a joint report could
be procured. No status report was filed as ordered.
Therefore, Plaintiff is Ordered to Show Cause (“OSC”)
in a writing to be filed no later than October 27, 2014, why
sanctions should not be imposed against it and/or its counsel
under Rule 16(f) of the Federal Rules of Civil Procedure for
failure to file a timely status report. The written response
shall also state whether Plaintiff or its counsel is at fault,

28
1

1

and whether a hearing is requested on the OSC.1 If a hearing is

2

requested, it will be held on January 26, 2015, at 9:00 a.m.,

3

just prior to the status conference, which is rescheduled to that

4

date and time. A joint status report shall be filed no later than

5

fourteen (14) days prior to the status conference.

6

Further, Plaintiff is notified under Rule 4(m) of the

7

Federal Rules of Civil Procedure that failure to serve Defendants

8

Northern Recycling & Waste Services and Douglas Speicher with

9

process within the 120 day period prescribed in that Rule may

10

result

11

dismissed. To avoid dismissal, on or before November 7, 2014,

12

Plaintiff shall file proof of service for these defendants or a

13

sufficient explanation why service was not completed within Rule

14

4(m)’s prescribed service period.

15
16

in

the

unserved

defendant(s)

and/or

the

action

being

IT IS SO ORDERED.
Dated:

October 16, 2014

17
18
19
20
21
22
23
24
25
26
27
28

1

“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).

2