Huey Ferguson v. D. Asuncion et al

Filing 67

ORDER TO SHOW CAUSE Re: Failure To Answer by Magistrate Judge Alka Sagar. Defendant Wilcher is ORDERED TO SHOW CAUSE, in writing, no later than December 4, 2019, why the well-pleaded, factual allegations in the First Amended Complaint should be deemed admitted. (See Order for complete details) (afe)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
No.

CV 17-5777 RGK (AS)

Title

Huey Ferguson Jr. v. Clyette Wilcher

Present: The Honorable

Date

November 13, 2019

Alka Sagar, United States Magistrate Judge

Alma Felix

Not reported

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not present

Not present

Proceedings (In Chambers):

Order to Show Cause Re: Failure To Answer

On August 4, 2017, Huey Ferguson Jr. (“Plaintiff”), proceeding pro se, filed a Complaint,
alleging that Defendants violated his civil rights, pursuant to 42 U.S.C. § 1983. (Dkt. No. 1). On
August 24, 2017, Plaintiff filed a First Amended Complaint (“FAC”), the operative complaint in
this matter. (Dkt. No. 6). Wilcher, the remaining Defendant in this matter, filed an Answer on
December 28, 2017. (Dkt. No. 12). The Answer, however, responded to the allegations in the
Complaint, not the First Amended Complaint. (Id.). Wilcher has not answered the First Amended
Complaint. “An allegation--other than one relating to the amount of damages--is admitted if a
responsive pleading is required and the allegation is not denied.” Fed. R. Civ. P. 8(b)(6).
Accordingly, Defendant Wilcher is ORDERED TO SHOW CAUSE, in writing, no later
than December 4, 2019, why the well-pleaded, factual allegations in the First Amended
Complaint should be deemed admitted. This Order will be discharged upon the filing of a timely
memorandum, demonstrating good cause for avoiding the factual allegations in the First
Amended Complaint being deemed admitted.
Cc:

R. Gary Klausner
United States District Judge
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

AF

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