Joseph DeMatteo v. Nancy A. Berryhill

Filing 20

SECOND ORDER TO SHOW CAUSE by Magistrate Judge Shashi H. Kewalramani. Response to Order to Show Cause due by 10/3/2018. (dc)

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

EDCV 18-00469-GW (SHK)

Date: September 26, 2018

Title: Joseph DeMatteo v. Nancy A. Berryhill

Present: The Honorable Shashi H. Kewalramani, United States Magistrate Judge
D. Castellanos

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

SECOND ORDER TO SHOW CAUSE

On September 13, 2018, the Court issued its Order to Show Cause (“OSC”) as to why
Plaintiff has not submitted his settlement proposal to Defendant as required by the Court’s Case
Management Order (“CMO”). Electronic Case Filing Number (“ECF No.”) 7, CMO; ECF No.
19, OSC. Plaintiff was ordered to show cause, in writing, no later than September 24, 2018, as to
why he had not complied with the Court’s CMO. Id. To date, Plaintiff has failed to comply with
the Court’s OSC.
The Court notes that it has prodded Plaintiff through this litigation twice before when
Plaintiff failed to comply with Court’s CMO on two other occasions. ECF Nos. 8, 14, Orders.
Nevertheless, Plaintiff is granted one final opportunity to comply with the Court’s CMO,
and most recent OSC that was issued on September 13, 2018, by filing a notice with the Court, no
later than October 3, 2018, stating that he has sent Defendant his settlement proposal and is,
therefore, in compliance with the Court’s CMO and most recent OSC.
Plaintiff is warned that failure to respond to this OSC as ordered, and within the time
specified, will result in dismissal of this action, without prejudice, for failure to comply with the
Court’s order, and for want of prosecution under Local Rule 41-5.
IT IS SO ORDERED

Page 1

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk: DC