El Sobrante Development, LLC et al v. National Assurance Group, Inc et al

Filing 84

ORDER DISCHARGING 75 Order to Show Cause, signed by Chief Judge Anthony W. Ishii on 4/19/2010. (Sondheim, M)

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 On April 7, 2010, the Court ordered Plaintiff to show cause by April 21, 2010, why the 17 case should not be dismissed for lack of prosecution. See Court's Docket Doc. No. 75. On April 18 16, 2010, Plaintiff filed a motion for entry of default. See id. at Doc. Nos. 77-81. On the same 19 day, Plaintiff also responded to the order to show cause and requested that the case not be 20 dismissed due to attorney neglect. Plaintiff's counsel explained that there was a 21 miscommunication between himself and his assistant, and counsel believed that a motion for 22 entry of default had already been filed. 23 The Court will not dismiss the case at this time. The remaining defendant, Andrew 24 Geiss, has not participated in this case at any time. The Clerk made an entry of default against 25 Geiss on October 30, 2008. See id. at Doc. No. 43. Plaintiff's counsel has explained his error. 26 Importantly, Plaintiff has now filed its motion for default judgment, and the case is again moving 27 forward. For all of these reasons, the Court will not dismiss the case at this time. 28 ) 1: 08-CV-0455 AWI DLB ) ) ORDER DISCHARGING ORDER TO ) SHOW CAUSE v. ) ) NATIONAL ASSURANCE GROUP, ) INC., et al., ) ) Defendants. ) ____________________________________) EL SOBRANTE DEVELOPMENT, L.L.C, et al., Plaintiff,

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Accordingly, IT IS HEREBY ORDERED that the Court's April 7, 2010, order to show cause is DISCHARGED.

IT IS SO ORDERED. Dated: 0m8i78 April 19, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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