Mitchell et al v. Culver et al

Filing 4

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 4/14/2015. Plaintiffs are ordered to SHOW CAUSE, in writing and no later than 4/24/2015, why sanctions should not be imposed against them and/or their counsel. If a hearing is requested, it will be held on 6/8/2015 at 9:00 AM just prior to Status Conference, which is rescheduled for date and time. A Joint Status Report shall be filed no later than 14 days prior to Status Hearing. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JACK MITCHELL, JR.; AND MARJA
MITCHELL,
Plaintiffs,

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v.
STEVEN CULVER., individually
and as a Federal Ranger;
BRIAN J.DENSMORE,
individually and as a Federal
Ranger,

No.

2:15-cv-00058-GEB-CMK

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

Defendants.

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The

January

9,

2015

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on April 20, 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 conference. The January 9, 2015 Order further required

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a status report be filed regardless of whether a joint report

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

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Therefore, Plaintiffs are Ordered to Show Cause (“OSC”)

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in a writing to be filed no later than April 24, 2015, why

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sanctions should not be imposed against them and/or their 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 Plaintiffs or their 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 June 8, 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, Plaintiffs are notified under Rule 4(m) of the

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Federal

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Defendant with process within the 120 day period prescribed in

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that Rule may result in the unserved defendant(s) and/or this

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action being dismissed. To avoid dismissal, on or before May 11,

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2015, Plaintiffs shall file proof of service for each Defendant

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or a sufficient explanation why service was not completed within

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Rule 4(m)’s prescribed service period.

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Rules

of

Civil

Procedure

that

failure

to

serve

each

IT IS SO ORDERED.
Dated:

April 14, 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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