Cuc v. Curda
Filing
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ORDER and ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 6/8/2011 ORDERING that the parties are Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on June 17, 2011, why sanctions should not be impo sed against them and/or their counsel for failure to filea timely status report. The written response shall also state whether the parties or their counsel are at fault, and whether a hearing is requested on the OSC.1 If a hearing is requested, it will be held on July 18, 2011, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. A status report shall be filed no later than fourteen (14) days prior to the status conference.(Duong, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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IOSIF CUC,
Plaintiff,
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v.
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SUSAN CURDA, District Director
of the United States Citizenship
and Immigration Services,
Sacramento District Office;
ERIC H. HOLDER, JR., United
States Attorney General; JANET
NAPOLITANO, Secretary of the
Department of Homeland
Security; ALEJANDRO MAYORKAS,
Director of the United States
Citizenship and Immigration
Services; UNITED STATES
CITIZENSHIP AND IMMIGRATION
SERVICES; ROBERT MUELLER,
Director of the Federal Bureau
of Investigations; FEDERAL
BUREAU OF INVESTIGATIONS,
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Defendants.
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2:10-cv-03354-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER
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An order issued on April 4, 2011, which continued the status
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conference in this case to June 13, 2011, and required the parties to
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file a joint status report no later than fourteen (14) days prior to the
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scheduling conference. (ECF No. 9, 2:7-10.) No status report was filed
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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 June 17, 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 are at fault, and whether a hearing is
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requested on the OSC.1
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July 18, 2011, at 9:00 a.m., just prior to the status conference, which
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is rescheduled to that date and time. A status report shall be filed no
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later than fourteen (14) days prior to the status conference.
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If a hearing is requested, it will be held on
IT IS SO ORDERED.
Dated:
June 8, 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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