Johnson v. Welch et al
Filing
14
ORDER signed by Judge Garland E. Burrell, Jr on 5/11/10 ORDERING that Pltf shall SHOW CAUSE by 6/10/10 at 4:00 PM as to why sanctions should not be imposed for failure to file a timely status report. Status report due 14 days prior to the Status Conference which is continued to 6/24/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Owen, K)
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1 2 3 4 5 6 7 8 9 10 11 12 13 v. SCOTT N. JOHNSON, Plaintiff, ) ) ) ) ) ) ) ) ) ) 2:10-cv-00246-GEB-KJM ORDER TO SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
14 JEFFREY A. WELCH, et al., 15 16 17 Defendants.
An Order Setting Status (Pretrial Scheduling) Conference was
18 filed February 1, 2010 in which a status conference was scheduled in 19 this case on May 24, 2010, and a joint status report was required to 20 be filed no later than fourteen days prior to the status conference. 21 The Order further required a status report be filed regardless of 22 whether a joint report could be procured. 23 No status report was filed.
Therefore, Plaintiff is Ordered to Show Cause ("OSC") in a
24 writing to be filed no later than 4:00 p.m. on June 10, 2010, why 25 sanctions should not be imposed against him under Rule 16(f) of the 26 Federal Rules of Civil Procedure for failure to file a timely status 27 report. 28 1 Plaintiff shall also state in the written response whether a
1 hearing is requested on the OSC.1
If a hearing is requested, it will
2 be held on June 24, 2010, at 9:00 a.m., just prior to the status 3 conference, which is rescheduled to that date. A status report shall
4 be filed no later than fourteen days prior to the status conference. 5 6 Dated: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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." Matter of 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. In re Hill, 775 F.2d 1385, 1387 (9th Cir. 1985). 2
1
IT IS SO ORDERED. May 11, 2010
GARLAND E. BURRELL, JR. United States District Judge
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