Terri Mizutani v. Andrew Saul

Filing 16

MINUTES (IN CHAMBERS): Order to Show Cause by Magistrate Judge Jean P. Rosenbluth: Plaintiff must move for entry of default within 10 days of the date of this order or show cause in writing why this action should not be dismissed for failure to prosecute. [See document for details.] (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL

Case No. CV 20-11156-CJC (JPR)
Date: June 7, 2021
Title: Terri Mizutani v. Andrew Saul
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DOCKET ENTRY: Order to Show Cause
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PRESENT:
HON. JEAN P. ROSENBLUTH, U.S. MAGISTRATE JUDGE
Bea Martinez
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None present

n/a
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None present

PROCEEDINGS: (IN CHAMBERS)
On December 9, 2020, Plaintiff filed the Complaint in this Social Security action.
On January 4, 2021, the Court issued a case-management order, requiring Plaintiff to
properly and timely serve the summons and Complaint on the Commissioner and file
proof of service. Plaintiff filed a proof of service on January 15.
The time for Defendant to answer the Complaint has now passed, and he has not
challenged service in any way or otherwise responded to the Complaint. See Fed. R.
Civ. P. 12(a)(2), (b). Any such objection may therefore be waived. See Fed. R. Civ. P.
12(h). But nor has Plaintiff moved for entry of default. See Fed. R. Civ. P. 55(a).
Accordingly, Plaintiff must move for entry of default within 10 days of the date
of this order or show cause in writing why this action should not be dismissed for failure
to prosecute. If she does neither, the action will likely be dismissed. Within 30 days of
any entry of default, Plaintiff must move for default judgment or, again, this action will
likely be dismissed for failure to prosecute.
cc: Judge Carney

MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk: bm