Michael Martin v. City of Barstow et al

Filing 34

(In Chambers) Order to Show Cause and Continuing Scheduling Conference by Judge Andre Birotte Jr. Plaintiff is ORDERED to show cause why this action should not be dismissed for lack of prosecution. Plaintiff shall file a written response brief not to exceed 10 pages in length no later than March 2, 2015. Plaintiff's failure to timely respond will result in dismissal of this action without further notice. On the Court's own motion, the Scheduling Conference is continued from February 23, 2015 to March 9, 2015 at 10:00 a.m. IT IS SO ORDERED. (jloz)

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

Case No.: ED CV 13-02193-AB (SPx)
Title:

Date:

February 12, 2015

Michael Martin v. City of Barstow et al.

Present: The Honorable

ANDRÉ BIROTTE JR.

Carla Badirian
Deputy Clerk

N/A
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Appearing

None Appearing

Proceedings:

[In Chambers] Order to Show Cause and Continuing
Scheduling Conference

On June 6, 2014, Plaintiff Michael Martin filed a second amended complaint against
Defendants City of Barstow, Chief of Police Dianne Burns, and Officers Adam Cortinas
and Terry Sidur. (Dkt. No. 15.) On January 6, 2015, Defendants City of Barstow and
Officers Cortinas and Sidur filed an answer to the second amended complaint. (Dkt. No.
27.) Defendant Burns has yet to appear this case. Plaintiff never served Defendant
Burns with the second amended complaint, and thus Burns has not filed an answer to the
second amended complaint.
On January 21, 2015, the Court issued an Order to Show Cause (“OSC”) why
Defendant Burns should not be dismissed from this action for lack of prosecution. (Dkt.
No. 31.) The deadline to respond to the OSC was January 28, 2015. As of the date of this
order, no response has been filed.
On February 9, 2015, Defendants filed the Joint Rule 26(f) report (Dkt. No. 33), in
anticipation of the February 23, 2015 Scheduling Conference. Defendants prepared and
CV-90 (12/02)

CIVIL MINUTES - GENERAL

1

Initials of Deputy Clerk CB

filed the report without Plaintiff’s participation, as Plaintiff did not respond to defense
counsel’s requests to schedule the required meet-and-confer conference. (See Dkt. No.
33-1.)
It appears that Plaintiff has abandoned his claims. Plaintiff is hereby ORDERED
to show cause why this action should not be dismissed for lack of prosecution. Plaintiff
shall file a written response brief not to exceed 10 pages in length no later than March 2,
2015. Plaintiff’s failure to timely respond will result in dismissal of this action without
further notice.
On the Court’s own motion, the Scheduling Conference is continued from February
23, 2015 to March 9, 2015 at 10:00 a.m.

IT IS SO ORDERED.

CV-90 (12/02)

CIVIL MINUTES - GENERAL

2

Initials of Deputy Clerk CB