Hopson v. Big Boy Markets, Inc. et al

Filing 8

ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr. on 3/4/2015 ORDERING Plaintiff to SHOW CAUSE in writing to be filed no later than 3/13/2015, why sanctions should not be imposed again st her and/or her counsel for failure to file a timely status report. If a hearing is requested, it will be held on 4/20/2015, 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 fourteen (14) days prior to the status conference. Further, Plaintiff is ORDERED to SHOW CAUSE why this action should not be dismissed for failure to prosecute. To avoid dismissal, on or before 3/13/2015, Plaintiff shall explain why this action should not be dismissed for failure to prosecute and indicate what efforts she intends to take to prosecute this action. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,

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2:14-cv-02274-GEB-AC

Plaintiff,

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No.

v.
BIG BOY MARKETS, INC.; ARTHUR
TOY AND PATRICIA TOY TRUST;
and DOES 1- 10, inclusive,

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

Defendants.

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The January 22, 2015 Order to Show Cause and Continuing

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Status

(Pretrial

Scheduling)

Conference

scheduled

a

status

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conference in this case on March 9, 2015, and required a status

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report be filed 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, Plaintiff is Ordered to Show Cause (“OSC”)1

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in a writing to be filed no later than March 13, 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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This is the second OSC that has issued as a result of Plaintiff failing
to timely file a status report. In response to the first OSC, Plaintiff’s
counsel filed a response to the OSC but failed to timely file a status report.

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and whether a hearing is requested on the OSC.2 If a hearing is

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requested, it will be held on April 20, 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.3

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Further, Plaintiff is ordered to show cause why this

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action

should

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Procedure

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action on September 20, 2014, but no Defendant has appeared.

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not
for

be

dismissed

failure

single

filed

dismissal, on or before March 13, 2015, Plaintiff shall explain

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why this action should not be dismissed for failure to prosecute

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and indicate what efforts she intends to take to prosecute this

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action.

this

status

this

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prosecute

a

Civil

indicating

to

filed

Plaintiff

of

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efforts

not

prosecute.

Rule

Further,

her

has

Federal

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action.

To

report
avoid

IT IS SO ORDERED.

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Plaintiff

to

under

Dated:

March 4, 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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The failure of one or more of the parties to participate in the
preparation of the Joint Status Report does not excuse the other parties from
their obligation to timely file a status report in accordance with this Order.
In the event a party fails to participate as ordered, the party timely
submitting the status report shall include a declaration explaining why it was
unable to obtain the cooperation of the other parties.

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