Johnson v. Chiang et al

Filing 13

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERNECE signed by Judge Garland E. Burrell, Jr., on January 22, 2015. Each party is Ordered to Show Cause (OSC) in a writing to be filed no later than January 26, 2015, why sanctions should not be imposed against him and/or his 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 the party or his counsel is at fault, and whether a hearing is requested on the OSC. If a hearing is requested, it will be held on February 23, 2015, at 9:00 a.m., just prior to the status conference. The Scheduling Conference set for 01/26/2015 is CONTINUED TO 2/23/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed no later than fourteen (14) days prior to the status conference. (Rivas, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Johnson,

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2:14-cv-01900-GEB-AC

Plaintiff,

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No.

v.
Marcel Chiang, and Does 1-10,

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

Defendants.*

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The

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November

21,

2014,

Order

Continuing

Status

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(Pretrial Scheduling) Conference scheduled a status conference in

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this case on January 26, 2015, and required the parties to file a

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joint status report no later than fourteen (14) days prior to the

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scheduling conference. No status report was filed as ordered.

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

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in a writing to be filed no later than January 26, 2015, why

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sanctions should not be imposed against him and/or his 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 the party or his 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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*

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The caption has been amended according to the December
dismissal of Defendant PRB Management, LLC. (See ECF No. 10.)
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23,

2014

“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).

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requested, it will be held on February 23, 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 report shall be filed no later than

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fourteen (14) days prior to the status conference.

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IT IS SO ORDERED.
Dated:

January 22, 2015

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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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