Edward Rezek v. City of Tustin et al

Filing 32

(IN CHAMBERS): ORDER TO SHOW CAUSE by Judge David O. Carter: SHOW CAUSE WHY THIS CASE SHOULD NOT BE STAYED OR DISMISSED FOR LACK OF PROSECUTION: (See document for details.) Accordingly, the Court ORDERS Plaintiff to show cause in a brief of no more t han 2 pages filed no later than 5:00 PM on SEPTEMBER 20, 2012, why this action should not be dismissed as to the City of Tustin, Brian Chupp, Mark Turner, and Scott Jordan (City Defendants) for lack of prosecution. As an alternative to a written resp onse by Plaintiff, the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: The City Defendants; Answer to the First Amended Complaint; or Plaintiff's Req uest for Entry of Default against the City Defendants. In addition, the Court ORDERS all Defendants to show cause in a brief of no more than 2 pages filed no later than 5:00 PM on SEPTEMBER 20, 2012, why this entire case should not be stayed pending the outcome of the criminal prosecution against Plaintiff in Superior Court, Orange, Case No. 10CM00225. In addition, City Defendants' briefs should explain why they have failed to file an answer for almost an entire year. (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 11-01601 DOC (RNBx)

Date: September 14, 2012

Title: EDWARD REZEK V. CITY OF TUSTIN ET AL.

PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Julie Barrera
Courtroom Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE STAYED OR
DISMISSED FOR LACK OF
PROSECUTION
It is the responsibility of Plaintiff to respond promptly to all Orders and to
prosecute the action diligently, including filing proofs of service and stipulations
extending time to respond. If necessary, Plaintiff must also pursue Rule 55 remedies
promptly upon default of any defendant. All stipulations affecting the progress of the
case must be approved by the Court. Local Rule 7-1.
On April 6, 2012 this Court ordered plaintiff to show by April 20, 2012 why this
case should not be dismissed as to all remaining defendants for lack of prosecution. (Dkt.
16). As an alternative to a written response by plaintiff, this Court stated it would accept
one of the following as evidence that the matter was being prosecuted diligently: (1)
Defendant’s Answer to Complaint; or (2) Plaintiff’s Request for Entry of Default.
Plaintiff failed to exercise either of those options on or before April 20, 2012. However,
in opposing a motion to dismiss, Plaintiff mentioned that at least some of the Defendants
had stipulated to staying the case. Opp’n (Dkt. 27) at 4.
Accordingly, the Court, on its own motion, hereby ORDERS Plaintiff to show
cause in a brief of no more than 2 pages filed no later than 5:00 PM on SEPTEMBER
20, 2012, why this action should not be dismissed as to the City of Tustin, Brian Chupp,
Mark Turner, and Scott Jordan (“City Defendants”) for lack of prosecution.

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 11-01601 DOC (RNBx)

Date: September 14, 2012
Page 2

As an alternative to a written response by Plaintiff, the Court will accept one of the
following, if it is filed on or before the above date, as evidence that the matter is being
prosecuted diligently:
 The City Defendants’ Answer to the First Amended Complaint
 Plaintiff’s Request for Entry of Default against the City Defendants
In addition, the Court ORDERS all Defendants to show cause in a brief of no
more than 2 pages filed no later than 5:00 PM on SEPTEMBER 20, 2012, why this
entire case should not be stayed pending the outcome of the criminal prosecution against
Plaintiff in Superior Court, Orange, Case No. 10CM00225. In addition, City Defendants’
briefs should explain why they have failed to file an answer for almost an entire year.
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk: jcb