J & J Sports Productions, Inc. v. Ramirez Joya

Filing 13

ORDER signed 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 it and/or its counsel under rule 16(f) of the FRCP for fai lure to file a timely status report ( Status Conference continued to 8/31/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.) A status report shall be filed no later than 14 days prior to the status conference, in which plai ntiff shall explain the status of default proceedings. Plaintiff shall file a motion for entry of default judgment before the Magistrate Judge within 30 days of the date on which this order is filed. If plaintiff fails to timely file the motion, plaintiff shall show cause in writing no later than 3/30/15, why this action should not be dismissed for failure of prosecution. (Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS,
INC.,
Plaintiff,

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v.

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CLAUDIA RAMIREZ JOYA a/k/a
CLAUDIA J. RAMIREZ,
individually and d/b/a
TAQUERIA AGAVE,

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No. 2:14-cv-02005-GEB-CKD

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

Defendant.

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The January 22, 2015 Order Setting Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on February 23, 2015, and required Plaintiff to file a status

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

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conference. 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 it and/or its 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 its 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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“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

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requested, it will be held on August 31, 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 status report shall be filed no later than fourteen

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(14) days prior to the status conference, in which Plaintiff

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shall explain the status of the default proceedings.

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Further, Plaintiff shall file a motion for entry of

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default judgment before the Magistrate Judge within thirty days

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of the date on which this Order is filed. If Plaintiff fails to

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timely file the motion, Plaintiff shall show cause in writing no

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later

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dismissed

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dismissed with prejudice under Federal Rule of Civil Procedure

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41(b) if Plaintiff fails to timely respond to this Order.

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than

March
for

30,

2015,

failure

of

why

this

prosecution.

action

should

not

be

This

action

may

be

IT IS SO ORDERED.
Dated:

February 12, 2015

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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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