Hopson v. US Food Corporation et al

Filing 8

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 no later than 5/4/2015; and Status Conference RESCHEDULED to 5/18/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L)

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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-02865-GEB-AC

Plaintiff,

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No.

v.
US FOOD CORPORATION, dba Long
John Silver’s #31911; STEVE
CHAPRALIS; IRENE CHAPRALIS;
and DOES 1-10, inclusive,

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

Defendants.*

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The

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February

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2015

Order

to

Show

Cause

and

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Continuing Status (Pretrial Scheduling) Conference scheduled a

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status conference in this case on May 4, 2015, and required a

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

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the scheduling conference. No status report was filed as ordered.
Therefore, Plaintiff is Ordered to Show Cause (“OSC”)1

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in writing to be filed no later than May 4, 2015, why sanctions

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should not be imposed against her and/or her counsel under Rule

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16(f) of the Federal Rules of Civil Procedure for failure to file

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a timely status report. The written response shall also state

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*

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The caption has been amended according to Plaintiff’s voluntary
dismissal of Defendant Art Restaurants California Incorporated. (Notice of
Vol. Dismissal, ECF No. 5.)

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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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whether Plaintiff or her counsel is at fault, and whether a

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hearing is requested on the OSC.2 If a hearing is requested, it

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will be held on May 18, 2015, at 9:00 a.m., just prior to the

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status conference, which is rescheduled to that date and time. A

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joint status report shall be filed no later than fourteen (14)

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days prior to the status conference.3

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IT IS SO ORDERED.

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Dated:

April 27, 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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