Johnson v. Castro, et al

Filing 27

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 4/14/15 ORDERING each party to show cause in writing no later than 4/20/15, why sanctions should not be imposed against the party and/or the party's counsel under Rule 16(f) of the Fe deral Rules of Procedure for failure to file a timely status report. The written responses shall also state whether the party or the party's counsel is at fault, and whether a hearing is requested on the Order to Show Cause. If a hearing is re quested, it will be held on 5/4/15 at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. A joint status report shall be filed no later than 14 days prior to the status conference. Show Cause Hearing and Status Conference set for 5/4/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Meuleman, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 Scott Johnson, 9 12 2:14-cv-02008-GEB-CKD Plaintiff, 10 11 No. v. ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE Claudia R. Delgado-Ramirez; J Issac Castro; Elvira Castro; and Does 1-10, 13 Defendants. 14 The 15 March 12, 2015 Minute Order, (ECF No. 26), 16 scheduled a status conference in this case on April 20, 2015, and 17 required the parties to file a joint status report no later than 18 fourteen (14) days prior to the scheduling conference. No status 19 report was filed as ordered. 20 Therefore, each party is Ordered to Show Cause (“OSC”) 21 in a writing to be filed no later than April 20, 2015, why 22 sanctions should not be imposed against the party and/or the 23 party’s counsel under Rule 16(f) of the Federal Rules of Civil 24 Procedure for failure to file a timely status report. The written 25 responses 26 counsel is at fault, and whether a hearing is requested on the 27 OSC.1 If a hearing is requested, it will be held on May 4, 2015, 28 1 shall also state whether the party or the party’s “If the fault lies with the attorney, that is where the impact of 1 1 at 9:00 a.m., just prior to the status conference, which is 2 rescheduled to that date and time. A joint status report shall be 3 filed 4 conference. 5 6 no later than fourteen (14) days prior to the status IT IS SO ORDERED. Dated: April 14, 2015 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

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