Carrasco et al v. Shasta-Cascade Credit Bureaus, Inc.

Filing 6

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 10/20/2015. Plaintiffs are ordered to SHOW CAUSE, in writing to be filed no later than 11/2/2015, why sanctions should not be imposed against them. If an OSC Hearing is requested, it will be held on 12/21/2015 at 9:00 AM in Courtroom 10 (GEB) just prior to Status Conference rescheduled for this date. A Status Report shall be filed no later than 14 days prior to Status Conference. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Anthony Carrasco and Kimberly
Carrasco, individually and on
behalf of all others
similarly situated,
Plaintiffs,

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v.

No.

2:15-cv-01419-GEB-KJN

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

Shasta-Cascade Credit
Bureaus, Inc. dba North
Valley Collection Bureau; and
Does 1-10, inclusive;
Defendants.

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The

July

6,

2015

Order

Setting

Status

(Pretrial

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Scheduling) Conference scheduled a status conference in this case

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on October 26, 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 July 6, 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, Plaintiffs are Ordered to Show Cause (“OSC”)

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in a writing to be filed no later than November 2, 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

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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 December 21, 2015, at

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9:00

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rescheduled to that date and time. A status report shall be filed

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no later than fourteen (14) days prior to the status conference.

also

state

a.m.,

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just

whether

prior

Plaintiffs

to

the

or

status

their

counsel

conference,

are

which

at

is

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 November

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2,

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defendant

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

2015,

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Rules

of

Civil

Plaintiffs
or

a

Procedure

shall

sufficient

file

that

proof

explanation

failure

of
why

to

serve

service
service

for
was

each

each
not

IT IS SO ORDERED.
Dated:

October 20, 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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