Board of Trustees v. Nunez et al

Filing 44

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 5/12/10 ORDERING pltfs and pltfs' counsel to SHOW CAUSE in a written filing due no later than 9:00 AM on 5/27/10 why sanctions should not be imposed for the failure to file a timely p retrial statement; parties shall file a joint pretrial statement no later than 7 calendar days prior to the final pretrial conference; Final Pretrial Conference set for 6/21/2010 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K) Modified on 5/13/2010 (Carlos, K).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiffs, 17 v. 18 19 20 21 22 23 24 25 26 27 28 The Status (Pretrial Scheduling) Order filed on February 26, 2009, required the parties "to file a JOINT pretrial statement no later than seven (7) calendar days prior to the final pretrial conference now scheduled for May 17, 2010. was filed as ordered. No pretrial statement JUAN MANUEL NUNEZ, individually, JUAN MANUEL NUNEZ, individually and d/b/a ACEQUIA CEMENT, and ACEQUIA CEMENT, Defendants. THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and, LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:08-cv-02688-GEB-DAD ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Therefore, Plaintiffs, Plaintiffs' counsel, and Defendant is ORDERED TO SHOW CAUSE ("OSC") in a written filing 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 due no later than 9:00 a.m. on May 27, 2010, why sanctions should not be imposed under Rule 16(f) of the Federal Rules of Civil Procedure for the failure to timely file a pretrial statement. Plaintiffs, Plaintiffs' counsel, and Defendant shall include in the written response whether a hearing is requested on the OSC. If a hearing is requested, it will be held at 1:30 p.m. on June 21, 2010, which is the date and time to which the final pretrial conference is continued. The parties shall file a JOINT pretrial statement no later than seven (7) calendar days prior to the final pretrial conference. Dated: May 12, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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