Cash v. Beach Hut Midtown LLC et al

Filing 12

ORDER TO SHOW CAUSE AND CONTINUING STATUS PRETRIAL SCHEDULING CONFERENCE signed by Judge Garland E. Burrell, Jr on 4/27/2015 ORDERING Plaintiff is ORDERED to Show Cause in writing, by 5/4/2015; Status Conference RESCHEDULED to 5/18/2015 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. (Reader, L)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 HOLLY CASH, 8 11 12 2:14-cv-02859-GEB-CKD Plaintiff, 9 10 No. v. BEACH HUT MIDTOWN LLC, a California Limited Liability Co, dba BEACH HUT DELI; JOHN ZEE; and ANNA ZEE, ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE Defendants. 13 14 15 The February 13, 2015 Order Continuing Status (Pretrial 16 Scheduling) Conference scheduled a status conference in this case 17 on May 4, 2015, and required the parties to file a joint status 18 report no later than fourteen (14) days prior to the scheduling 19 conference. No status report was filed as ordered. Therefore, Plaintiff is Ordered to Show Cause (“OSC”) 20 21 in writing to be filed no later than May 4, 2015, why sanctions 22 should not be imposed against her and/or her counsel under Rule 23 16(f) of the Federal Rules of Civil Procedure for failure to file 24 a timely status report. The written response shall also state 25 whether Plaintiff or her counsel is at fault, and whether a 26 hearing is requested on the OSC.1 If a hearing is requested, it 27 1 28 “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 1 1 will be held on May 18, 2015, at 9:00 a.m., just prior to the 2 status conference, which is rescheduled to that date and time. A 3 joint status report shall be filed no later than fourteen (14) 4 days prior to the status conference.2 5 IT IS SO ORDERED. 6 Dated: April 27, 2015 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 The failure of one or more of the parties to participate in the preparation of a joint status report does not excuse the other party(ies) from its 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 a status report shall include a declaration explaining why it was unable to obtain the cooperation of the other party(ies). 2

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