Blum v. American Medical Systems, Inc. et al

Filing 5

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 7/28/2015. Plaintiff is order to SHOW CAUSE, in writing and no later than 8/7/2015, why sanctions should not be imposed against counsel for failure to file Status Report. If hearing is re quested, it will be held on 10/26/2015 at 9:00 AM just prior to Status Conference. To avoid dismissal, on or before 9/11/2015, 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. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELLY BLUM,

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No. 2:15-cv-01033-GEB-KJN
Plaintiff,

v.
AMERICAN MEDICAL SYSTEMS,
INC.; AMERICAN MEDICAL
SYSTEMS HOLDINGS, INC.; ENDO
PHARMACEUTICALS, INC.; ENDO
PHARMACEUTICALS HOLDINGS,
INC.; ENDO HEALTH SOLUTIONS,
INC.; CALDERA MEDICAL, INC.;
and DOES 1-200;

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

Defendants.

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The

May

13,

2015,

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on August 3, 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 May 13, 2015 Order further required a

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status report be filed regardless of whether a joint report could

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be procured. No status report was filed as ordered.

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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 August 7, 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 October 26, 2015, at 9:00 a.m.,

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just prior to the status conference, which is rescheduled to that

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date and time. A 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, Plaintiff is 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

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September 11, 2015, Plaintiff shall file proof of service for

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each defendant or a sufficient explanation why service was not

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completed within Rule 4(m)’s prescribed service period.

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Rules

being

of

Civil

Procedure

dismissed.

To

that

avoid

failure

dismissal,

to

serve

on

or

each

before

IT IS SO ORDERED.
Dated:

July 28, 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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