York, et al v. American Savings Network Inc., et al

Filing 8

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 6/11/15: Plaintiffs are Ordered to Show Cause in a writing to be filed no later than June 19, 2015, why sanctions should not be imposed against them and/or their counsel under Rule 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. Status Conference set for 8/31/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHYLLIS L. YORK, and JAMES B.
CARR,
Plaintiffs,

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AMERICAN SAVINGS NETWORK,
INC. also known as AMERICAN
SAVINGS NETWORK, LLC; ANTHONY
DIEHL; and ROGER S. MORAN;

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2:15-cv-00563-GEB-DAD

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

v.

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No.

Defendants.

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The

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March

12,

2015

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on June 22, 2015, and required the parties to file a joint status

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report no later than fourteen (14) days prior to the scheduling

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conference. The March 12, 2015 Order further required a status

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report be filed regardless of whether a joint report could be

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procured. No status report was filed as ordered.
Therefore, Plaintiffs are Ordered to Show Cause (“OSC”)

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in

a

writing

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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

to

state

be

filed

whether

no

later

Plaintiffs

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1

than

or

June

their

19,

2015,

counsel

are

why

at

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fault, and whether a hearing is requested on the OSC.1 If a

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hearing is requested, it will be held on August 31, 2015, at 9:00

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a.m., just prior to the status conference, which is rescheduled

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to that date and time. A status report shall be filed no later

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than 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 July 13,

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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:

June 11, 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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