Travelers Casualty and Surety Company of America v. Dick Emard Electric, Inc.
Filing
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ORDER to SHOW CAUSE and CONTINUING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 6/29/11 ORDERING Plaintiff to file in writing no later than 4:00 p.m. on 7/8/11, why sanctions should not be imposed against it and/or its counsel under Ru le 16(f) of the Federal Rules of Civil Procedure for failure to file a timely status report. The written response shall also state whether Plaintiff or its counsel is at fault, and whether a hearing is requestedon 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, which is rescheduled to that date and time. Initial Scheduling Conference RESET for 8/1/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Meuleman, A) Modified on 6/30/2011 (Meuleman, 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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TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, a
Connecticut corporation,
Plaintiff,
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v.
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DICK EMARD ELECTRIC, INC. dba
EMARD ELECTRIC, a California
corporation; LUKE EMARD, an
individual; CARRIE EMARD, an
individual; EMARD’S ELECTRICAL
HOME TECHNICIANS, INC., an
entity of unknown form; EMARD
DEVELOPMENT CORPORATION, a
California corporation; and DOES
1 through 20, inclusive,
Defendants.
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2:11-cv-00716-GEB-EFB
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) ORDER
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The March 16, 2011, Order Setting Status (Pretrial Scheduling)
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Conference scheduled a status conference in this case on July 11, 2011,
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and required the parties to file a joint status report no later than
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fourteen (14) days prior to the scheduling conference. The March 16,
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2011 Order further required that a status report be filed regardless of
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whether a joint report could be procured.
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ordered.
No status report was filed as
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Therefore, Plaintiff is Ordered to Show Cause (“OSC”) in a
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writing to be filed no later than 4:00 p.m. on July 8, 2011, why
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sanctions should not be imposed against it and/or its counsel under Rule
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16(f) of the Federal Rules of Civil Procedure for failure to file a
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timely status report. The written response shall also state whether
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Plaintiff or its counsel is at fault, and whether a hearing is requested
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on the OSC.1
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2011, at 9:00 a.m., just prior to the status conference, which is
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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 August 1,
IT IS SO ORDERED.
Dated:
June 29, 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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