Hopson v. Dornoch Inc., et al

Filing 4

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 2/12/15 ORDERING that Plaintiff is Ordered to Show Cause in a writing to be filed no later than February 23, 2015, why sanctions should 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. Further, Plaintiff is notified under Rule 4(m) of the Federal Rules of Civil Procedure that failure to serve each defendant within t he 120 day period prescribed in that Rule may result in the unserved defendant(s) and/or this action being dismissed. To avoid dismissal, on or before April 24, 2015, Plaintiff shall file proof of service for each defendant or a sufficient explanation why service was not completed within Rule 4(m)'s prescribed service period.(Dillon, M)

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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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No. 2:14-cv-02970-GEB-AC

Plaintiff,
v.
DORNOCH, INC., as itself and
dba Tracy Ford; MARIA
MUELLER, as an individual
and dba Tracy Ford; THOMAS
NOKES; 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 December 24, 2014, Order Setting Status (Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on February 23, 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

December

24,

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 February 23, 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 May 18, 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 status report shall be filed no later than fourteen

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(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

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defendant within the 120 day period prescribed in that Rule may

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result

in

the

Civil

unserved

that

defendant(s)

dismissal,

on

failure

and/or

or

to

this

before

serve

action

April

24,

each

being

dismissed.

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Plaintiff shall file proof of service for each defendant or a

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sufficient explanation why service was not completed within Rule

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4(m)’s prescribed service period.

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avoid

Procedure

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To

of

2015,

IT IS SO ORDERED.
Dated:

February 12, 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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