American Causalty Company Of Reading, Pennsylvania et al v. Western Environmental Consultants, Inc. et al.,
Filing
130
ORDER to SHOW CAUSE and CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr. on 11/17/11. Parties are ORDERED to Show in writting by no later than 04:00 PM on 9/28/2011, why sanctions should not be imposed agains t them and/or their counsel for failure to file a timely Status Report. The Status Conference is RE-SCHEDULED to 2/13/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A Status Report shall be filed no later than fourteen (14) days prior to the Status Conference. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AMERICAN CASUALTY COMPANY OF
READING, PENNSYLVANIA, and
NATIONAL FIRE INSURANCE COMPANY
OF HARTFORD, successor by merger
to TRANSCONTINENTAL INSURANCE
COMPANY,
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Plaintiffs,
v.
WESTERN ENVIRONMENTAL
CONSULTANTS, INC., a California
Corporation; and PACIFIC GAS &
ELECTRIC COMPANY, a California
Corporation; LEXINGTON INSURANCE
COMPANY; UNDERWRITERS AT LLOYD’S
LONDON,
Defendants.
_______________________________
AND RELATED CROSSCLAIMS AND
COUNTERCLAIMS
_______________________________
The
September
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2011,
2:10-cv-02806-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE
Minute
Order
scheduled
a
status
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conference in this case on November 28, 2011, and required the parties
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to file a joint status report no later than fourteen (14) days prior to
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the scheduling conference. No status report was filed as ordered.
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Therefore, the parties are Ordered to Show Cause (“OSC”) in a
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writing to be filed no later than 4:00 p.m. on November 28, 2011, why
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sanctions should not be imposed against them and/or their counsel under
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Rule 16(f) of the Federal Rules of Civil Procedure for failure to file
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a timely status report. The written response shall also state whether
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the parties 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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February 13, 2012, at 9:00 a.m., just prior to the status conference,
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which is rescheduled to that date and time. A status report shall be
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filed no later than fourteen (14) days prior to the status conference.
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IT IS SO ORDERED.
Dated:
November 17, 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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