Hensley v. Grupe Commercial Company et al

Filing 5

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr., on January 22, 2015. Plaintiff is Ordered to Show Cause (OSC) in a writing to be filed no later than January 30, 2015, why sanctions s hould not be imposed against her and/or her 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 her counsel is at fault, and whether a hearing is requested on the OSC. If a hearing is requested, it will be held on March 9, 2015, at 9:00 a.m., just prior to the status conference. The Scheduling Conference set for 01/26/2015 is CONTINUED TO 3/9/2015 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. Further, Plaintiff is notified under Rule 4(m) of the Federal Rules of Civil Procedure that failure to serve Defendants Grupe Commercial Company and Oakridge Center within the 120 day period prescribed in that Rule may result in the unserved defendant(s) being dismissed. (Rivas, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROSELYN HENSLEY,

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No.

2:14-cv-02273-GEB-AC

Plaintiff,
v.
GRUPE COMMERCIAL COMPANY,
OAKRIDGE CENTER, TICH LUU
NGUYEN dba TOMMY’S CAFÉ, and
DOES 1-10, inclusive,

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

Defendants.

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The September 30, 2014 Order Setting Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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

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

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scheduling

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required a status report be filed regardless of whether a joint

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report could be procured. No status report was filed as ordered.

conference.

The

September

30,

2014

Order

further

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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 January 30, 2015, why

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sanctions should not be imposed against her and/or her 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 her 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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requested, it will be held on March 9, 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, Plaintiff is notified under Rule 4(m) of the

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Federal Rules of Civil Procedure that failure to serve Defendants

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Grupe Commercial Company and Oakridge Center within the 120 day

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period

prescribed

in

that

Rule

may

result

in

the

unserved

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defendant(s) being dismissed. To avoid dismissal, on or before

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January 30, 2015, Plaintiff shall file proof of service for these

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defendants

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completed within Rule 4(m)’s prescribed service period.

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or

a

sufficient

explanation

why

service

was

not

IT IS SO ORDERED.
Dated:

January 22, 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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