Gregory C. Krug v. United States of America

Filing 15

MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: re Order Dismissing Case, Set/Clear Flags 9 : ORDER REOPENING CASE by Judge A. Howard Matz. (Made JS-5, Case reopened) (se)

JS-5; O
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 09-5543 AHM (CTx)

Title

GREGORY C. KRUG v. UNITED STATES OF AMERICA

Present: The
Honorable

Date

July 6, 2011

A. HOWARD MATZ, U.S. DISTRICT JUDGE

Stephen Montes

Not Reported

Deputy Clerk

Court Reporter / Recorder

Attorneys NOT Present for Plaintiffs:

Proceedings:

Tape No.

Attorneys NOT Present for Defendants:

IN CHAMBERS (No Proceedings Held)

The Court hereby vacates its previously-entered Order of Dismissal for Failure to
Prosecute1 and re-opens this case. The Court ORDERS the Clerk to send a copy of the
docket to Plaintiff and to provide information to Plaintiff as to how he can access the
docket in the future.

:
Initials of Preparer

SMO

JS-5

1

Dkt. 9.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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(CTx), CLOSED, DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:09-cv-05543-AHM -CT
Gregory C. Krug v. United States of America
Assigned to: Judge A. Howard Matz
Referred to: Magistrate Judge Carolyn
Turchin
Cause: 28:1346 Tort Claim

Plaintiff
Gregory Charles Krug

Date Filed: 07/29/2009
Date Terminated: 03/25/2010
Jury Demand: None
Nature of Suit: 890 Other
Statutory Actions
Jurisdiction: U.S. Government
Defendant

represented by Gregory Charles Krug
REG 15503-075
WILLIAMSBURG
FEDERAL
CORRECTIONAL
INSTITUTION
Inmate Mail/Parcels
P.O. BOX 340
SALTERS, SC 29590
PRO SE

V.
Defendant
United States of America
Date
Filed
07/29/2009

#

Docket Text
LODGED COMPLAINT sought to be filed by Plaintiff

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Gregory C. Krug. (ghap) (Entered: 07/31/2009)
07/29/2009

1

NOTICE RE: DISCREPANCIES WITH LODGING OF
COMPLAINT mailed to plaintiff Gregory C. Krug. Upon
submission of your complaint it was noted that you did
not pay the appropriate filing fee. If you are unable to pay
the entire filing fee at this time, you must sign and
complete the CV60p form attached. If you do not respond
within 30 days of the date of this letter your action will be
dismissed. Re Lodged Complaint (Attachments: # 1
Lodged Complaint) (ghap) (Entered: 07/31/2009)

08/27/2009

2

COMPLAINT against Defendant United States of
America. (Filing fee $ 350 PAID.), filed by Plaintiff
Gregory C. Krug. (et) (Additional attachment(s) added on
1/22/2010: # 1 Alias Summons) (esa). (Entered:
08/28/2009)

08/27/2009

60 DAY Summons Issued re Complaint - (Discovery) 2
as to Defendant United States of America. (et) (Entered:
08/28/2009)

08/31/2009

3

INITIAL ORDER by Judge A. Howard Matz (se)
(Entered: 08/31/2009)

12/21/2009

4

Letter by Gregory C Krug re address of record to each
cas's docket to address c/o 3975 Roswell Road, N.E.,
Atlanta, GA 30342-4117. Filed by plaintiff Gregory C.
Krug. (jp) (Entered: 12/22/2009)

01/13/2010

5

MINUTES IN CHAMBERS re: Order to Show Cause re
Dismissal for Lack of Prosecution by Judge A. Howard
Matz: The file in this case lacks the papers that would
show it is being timely prosecuted, as reflected below.
Accordingly, the Court, on its own motion, hereby orders
plaintiff(s) to show cause in writing no later than by
1/27/2010 why this action should not be dismissed as to
all remaining defendants for lack of prosecution. As an
alternative to a written response by plaintiff(s), the Court
will accept one of the following, if it is filed on or before

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the above date, as evidence that the matter is being
prosecuted diligently: Proof of service of summons and
complaint (applicable for defendant(s) who have not been
served); In cases removed from State Court, responsive
pleadings filed by all defendants; Request for entry of
default by plaintiff(s) (applicable where defendants have
been served but not answered); Motion for default
judgment or request for clerk to enter default judgment.
The Order will stand submitted upon the filing of a
responsive pleading or motion on or before the date upon
which a response by plaintiff(s) is due. (jp) (Entered:
01/13/2010)
01/20/2010

ALIAS SUMMONS issued as to Defendant United States
of America (esa) (Entered: 01/22/2010)

02/04/2010

6

ORDER DISMISSING CASE by Judge A. Howard Matz.
(Made JS-6. Case Terminated.) (kbr) (Entered:
02/04/2010)

02/11/2010

7

Plaintiff's RESPONSE filed by Plaintiff Gregory C. Krug
to Minutes of In Chambers Order to Show Cause re
Dismissal for Lack of Prosecution 5 . (se) (Entered:
02/11/2010)

02/12/2010

8

MINUTES IN CHAMBERS by Judge A. Howard Matz:
In light of Plaintiff's response to the Courts Order to
Show Cause re Dismissal for Lack of Prosecution 6 , the
Court VACATES its previous dismissal of the case and
extends by 30 days Plaintiff's time to serve his Complaint
on the defendant. Failure to file proof of service of
summons and complaint within 35 days of this Order
could result in dismissal of the case. (Case reopened. MD
JS-5.) (jp) (Entered: 02/12/2010)

03/25/2010

9

ORDER OF DISMISSAL FOR FAILURE TO
PROSECUTE by Judge A. Howard Matz. On 1/13/2010,
the Court ordered plaintiff to show cause in writing
whythe above-entitled action should not be dismissed as
to all remaining defendants for lack of prosecution. On

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On 2/12/2010, the Court vacated its previous dismissal of
the case and extended by 30 days plaintiff's time to serve
his complaint on the defendant. Plaintiff was also advised
that failure to file proof of service of summons and
complaint within 35 days of that order could result in
dismissal of his case. To date, plaintiff has not complied
with this order. Accordingly, good cause appearing
therefor, that the Court hereby DISMISSES this action
pursuant to Federal Rule of Civil Procedure 41(b) for
failure to prosecute and failure to obey an order of this
Court. The Clerk of the Court is directed to close the file.
(Case Terminated. Made JS-6.) (jp) (Entered: 03/26/2010)
04/14/2010 10

NOTICE OF DISCREPANCY AND ORDER: by Judge
A. Howard Matz, ORDERING Motion to Reconsider
submitted by Plaintiff Gregory C. Krug received on
4/12/10 is not to be filed but instead rejected. Denial
based on: No copy for judge; written notice untimely; no
proof of service attached. (se) (Entered: 04/15/2010)

09/09/2010 11

RESPONSE filed by Plaintiff Gregory C. Krug to Notice
of Document Discrepancies and Order - Rejecting, 10 .
(se) (Entered: 09/09/2010)

05/26/2011 12

MOTION for (1) the Court issue an Order with respect to
the (Response to the Court's (doc 10) Notice of Document
Discrepancies), and the Clerk send a copy of the docket
this matter and amend its records to reflect the address
filed by plaintiff Gregory Charles Krug. (jp) (Entered:
05/31/2011)

06/01/2011 13

MINUTE ORDER IN CHAMBERS by Judge A. Howard
Matz. The court conditionally grants plaintiff's request to
re-open the case. Plaintiff shall file documents by not
later than June 29, 2011. If he fails to do so, this case will
again be dismissed for failure to prosecute. (kbr)
(Entered: 06/01/2011)

06/21/2011 14

RESPONSE filed by Plaintiff Gregory Charles Krug to
Minutes of In Chambers Order 13 . (se) (Entered:

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06/22/2011)

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Records
Subject:
Records

Section:
Last Updated:
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Table of Contents
Viewing Case Files, Dockets, Transcripts or Obtaining Court
Certified Documents, Correspondence Procedures
Obtaining Uncertified Copies of Court Documents
PACER
Reviewing Files at the Federal Records Center (FRC)
VIEWING CASE FILES, DOCKETS, TRANSCRIPTS, OR
OBTAINING COURT CERTIFIED DOCUMENTS
CORRESPONDENCE PROCEDURES
For information on viewing case files, dockets, transcripts, depositions, or exhibits;
obtaining certified, exemplified, or apostille copies of documents; and correspondence
procedures, please contact the appropriate divisional office.
To determine the location of the court where the case file is held, please note the
prefix of the case number on the following examples (see note below regarding
transferred cases):
Case Number

Type of Case

Case File Location

CV 09-1234
CR 09-123
SACV 09-111
SACR 09-111
EDCV 09-222
EDCR 09-222

Civil
Criminal
Civil
Criminal
Civil
Criminal

Los Angeles
Los Angeles
Santa Ana
Santa Ana
Riverside
Riverside

NOTE: Case files, dockets, or transcripts for criminal and civil cases (except non-capital
habeas corpus petitions, pro se civil rights cases, social security cases, bankruptcy
cases, and other matters referred to a magistrate judge) transferred between divisions
after January 1, 2005 are available at the division where the assigned district judge is
located.
Los Angeles cases: Western Division
United States District Court
Records Department / Correspondence Clerk
312 North Spring Street, Suite G-8
Los Angeles, CA 90012
213-894-3863
[e-mail]
Santa Ana cases: Southern Division

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Ronald Reagan Federal Building & U.S. Courthouse
Clerk’s Office / Records Department
411 West Fourth Street, Room 1053
Santa Ana, CA 92701-4516
714-338-4746
Riverside cases: Eastern Division
Clerk’s Office / Records Department
3470 12th Street, Room 134
Riverside, CA 92501
951-328-4450
Office hours are from 10:00 a.m. to 4:00 p.m., Monday through Friday, with the
exception of federal holidays.
All requests for certified copies must include the case number and specific item number
of the document, obtained from the docket sheet. Please provide your name and
contact information.
Payments that do not follow the court’s guidelines will be returned unprocessed. Please
do not submit any fees without first contacting the appropriate divisional office for
complete remittance instructions.
OBTAINING UNCERTIFIED COPIES OF COURT DOCUMENTS
For information on receiving uncertified copies of documents, please contact the
on-site photocopy service for the appropriate division:
Los Angeles: Western Division
ABC Scanning
312 N. Spring Street, Room G-7A
Los Angeles, CA 90012
[phone]
[phone] FAX
Santa Ana: Southern Division
Clerk’s Office / Records Department
411 West Fourth Street, Room 1053
Santa Ana, CA 92701
714-338-4746
Riverside: Eastern Division
Clerk’s Office / Records Department
3470 12th Street, Room 134
Riverside, CA 92501
[phone]
PACER
You may also take advantage of the “Public Access to Court Electronic Records” or
PACER service. This on-line service allows you to retrieve electronic docket information
without having to leave your office or home. You can search for a civil, criminal or
magistrate case by participant name or case number, and once you access the case
the docket information can be downloaded to your computer for review or printing.

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Images of scanned civil and criminal judgments and orders are also available. The
PACER service is available 24 hours a day, including weekends.
For further information, please contact:
PACER Service Center
Post Office Box 780549
San Antonio, TX 78278
[phone]
REVIEWING FILES AT THE FEDERAL RECORDS CENTER (FRC)
Files for cases which have been closed for two years or more and are not pending
appeal are maintained at the Feral Records Center (FRC).
You are able to request certified or uncertified photocopies of selected documents or
the entire case file directly from FRC. You may also schedule an appointment to view
the file.
Please contact FRC as follows for more information and the required forms:
Telephone: [phone]
On-line: http://www.archives.gov/facilities/ca/perris/factsheet.html
You will need to provide the accession, location and box numbers to FRC for file
retrieval. This information my be obtained from the court's NARA web site. If there are
no search results, please contact the appropriate divisional office:
Los Angeles: Western Division
[phone]
[e-mail]
Santa Ana: Southern Division
[phone]
Riverside: Eastern Division
[phone]
REVIEWING FILES AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION (NARA)
For information on cases from 1969 and earlier, you will need to contact the National
Archives and Records Administration at 949-360-3426.

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