H.W. et al v Eastern Sierra Unified School District, et al
Filing
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ORDER to SHOW CAUSE AND CONTINUING STATUS (PRETRIAL SCHEDULING) ORDER, signed by Judge Garland E. Burrell, Jr., on 6/17/11. The parties are ORDERED to Show Cause in a writing to be filed no LATER than 4:00 p.m. on 6/27/11 why sanctions should not be imposed against them and/or their counsel under Rule 16(f) of the FRCP for failure to file a 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. If a hearing is requested, it will be held on 8/1/11, at 9:00 a.m., just prior to the status conference. The Status Conference is CONT'D to 8/1/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. A status report shall be filed no LATER than 14 days prior to the status conference.(Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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H. W., minor, by and through
Guardian ad Litem HEIDI NELSON;
and M.K., minor, by and through
Guardian ad Litem ROBERT
KOELLING
Plaintiffs,
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v.
EASTERN SIERRA UNIFIED SCHOOL
DISTRICT; COLEVILLE HIGH SCHOOL
PRINCIPAL JASON REED
(individually and in his
official capacity); ASSISTANT
FOOTBALL COACH CODY CARLISLE
(individually and in his
official capacity);
SUPERINTENDENT DON CLARK
(individually and in his
official capacity),
AND DOES 1-50,
Defendants.
________________________________
The
February
25,
2011,
2:11-cv-00531-GEB-GGH
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER
Order
Setting
Status
(Pretrial
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Scheduling) Conference scheduled a status conference in this case on
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June 27, 2011, and required the parties to file a joint status report no
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later than fourteen (14) days prior to the scheduling conference. (ECF
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No. 5.) The February 25, 2011 Order further required that a status
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report be filed regardless of whether a joint report could be procured.
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Id. at 2 n.2.
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 June 27, 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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August 1, 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 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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