Walters v. Education Management Corporation et al
Filing
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ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr. on 11/7/2011 ORDERING that Plaintiffs shall SHOW CAUSE, in a writing, no later than 4:00 p.m. on 11/14/2011, why sanctions should not be imposed against them and/or their counsel for failure to file a timely status report. If a hearing is requested, it will be held on 12/12/2011, at 9:00 a.m., just prior to th status conference, which is rescheduled to that date and time. A joint status report shall be filed 14 days prior to the status conference. The Clerk shall serve this Order on the United States Attorney's Office and the California Attorney General's Office. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA and
STATE OF CALIFORNIA, ex rel.
DUSTIN WALTERS, JANE ROE, and
RICHARD ROE,
Plaintiffs
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v.
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EDUCATION MANAGEMENT
CORPORATION, THE ART INSTITUTES,
and DOES 1-500, Inclusive,
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Defendants.
________________________________
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2:10-cv-02479-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE; FED.
R. CIV. P. 4(M) NOTICE
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The
September
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2011,
Minute
Order
scheduled
a
Status
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(Pretrial Scheduling) Conference in this case on November 14, 2011, and
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required the parties to file a joint status report no later than
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fourteen (14) days prior to the scheduling conference. No status report
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was filed as ordered.
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Therefore, Plaintiffs Dustin Walters, Jane Roe, and Richard
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Roe (“Named Plaintiffs”) are Ordered to Show Cause (“OSC”) in a writing
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to be filed no later than 4:00 p.m. on November 14, 2011, why sanctions
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should not be imposed against them and/or their counsel under Rule 16(f)
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of the Federal Rules of Civil Procedure for failure to file a timely
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status report. The written response shall also state whether Named
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Plaintiffs or their counsel is at fault, and whether a hearing is
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requested on the OSC.1 If a hearing is requested, it will be held on
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December 12, 2011, at 9:00 a.m., just prior to the status conference,
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which is rescheduled to that date and time. A joint status report shall
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be
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conference.
filed
no
later
than
fourteen
(14)
days
prior
to
the
status
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Further, Named Plaintiffs are notified under Rule 4(m) of the
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Federal Rules of Civil Procedure that any defendant not served with
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process within the 120 day period prescribed in that Rule may be
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dismissed as a defendant. To avoid dismissal, on or before November 14,
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2011, Named Plaintiffs shall file proof of service for any unserved
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defendant or a sufficient explanation why service was not effected
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within Rule 4(m)’s prescribed service period.
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In light of the threat of dismissal in this Order and the
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requests of the United States of America and the State of California to
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be notified in advance of any dismissal, the Clerk’s Office shall serve
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this Order on the United States Attorney’s Office and the California
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Attorney General’s Office. See ECF Nos. 8-9, 12-13.
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Dated:
November 7, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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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.” 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).
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