Opinion
2:12-cv-00872-GEB-CKD
07-16-2012
WORLDSLIDE, LLC, Plaintiff, v. BRIAN DUBINSKY and AQUAWOOD, LLC, using trade name TOYQUEST; WAL-MART STORES, INC.; AMAZON.COM, INC.; and TOYS 'R' US-DELAWARE, INC., Defendants.
ORDER TO SHOW CAUSE AND
CONTINUING STATUS (PRETRIAL
SCHEDULING) CONFERENCE
The April 5, 2012, Order Setting Status (Pretrial Scheduling) Conference scheduled a status conference in this case on July 23, 2012, and required the parties to file a joint status report no later than fourteen (14) days prior to the scheduling conference. The April 5, 2012 Order further required that a status report be filed regardless of whether a joint report could be procured. No status report was filed as ordered.
Therefore, Plaintiff is Ordered to Show Cause ("OSC") in a writing to be filed no later than July 23, 2012, why sanctions should not be imposed against it and/or its counsel under Rule 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 requested on the OSC. If a hearing is requested, it will be held on September 17, 2012, 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.
"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).
IT IS SO ORDERED.
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GARLAND E. BURRELL, JR.
Senior United States District Judge