Johnson v. Chiang et al

Filing 18

ORDERsigned by Judge Garland E. Burrell, Jr on 2/12/15 ordering plaintiff is ordered to show cause in a writing to be filed no later than 2/23/15, why sanctions should not be imposed against him and/or his counsel under rule 16(f) of the FRCP for fai lure 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.) A joint status report shall be filed no later than 14 days prior to the status conference. Further in light of PRB Management, LLC's 1/23/15 answer 15 and 1/26/15 response to the court's OSC 17 , the 12/23/14 dismissal order 10 is vacated nunc pro tunc. (Plummer, M)

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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.
PRB Management, LLC; and DOES
1-10,

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

Defendants.*

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The

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January

22,

2015,

Order

to

Show

Cause

and

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Continuing Status (Pretrial Scheduling) Conference scheduled a

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status conference in this case on February 23, 2015, and required

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Plaintiff and former Defendant Marcel Chiang to file a joint

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

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scheduling conference. Although Plaintiff filed a response to the

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Order to Show Cause, no status report was 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 February 23, 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 Plaintiff or his counsel is at fault,

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*

The caption has been amended according to the stipulated dismissal of
Defendant Marcel Chiang. (See ECF No 12.)

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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.

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Further, in light of PRB Management, LLC’s January 23,

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2015 Answer, (ECF No. 15), and January 26, 2015 Response to the

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Court’s

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Order, (ECF No. 10), is VACATED nunc pro tunc.

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OSC,2

(ECF

No.

17),

the

December

23,

2014

Dismissal

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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Although not ordered to, PRB Management, LLC responded to the January
22, 2015 OSC.

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