Don Rose v. Abraham et al

Filing 97

ORDER TO SHOW CAUSE re Dismissal for Lack of Prosecution. signed by Chief Judge Anthony W. Ishii on 9/2/2011. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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SAMUEL ABRAHAM, et al.,
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Defendants.
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____________________________________)
DON ROSE,
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1:08-cv-606 AWI JLT
ORDER TO SHOW CAUSE

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This case was filed on May 1, 2008. Entries of default have been made in this case

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against all defendants except for Roger Fontaine, who has been served but not answered or

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otherwise appeared. On March 11, 2011, the Court sanctioned Defendant Steven Duce by

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striking his answer and directing the Clerk to enter default against him. The Court then vacated

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the trial and pre-trial conference dates. See Court’s Docket Doc. No. 93. The Court noted that

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Plaintiff would have the opportunity to obtain default judgments against the defendants. See id.

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An entry of default against Defendant Steven Duce was entered as a sanction on March 11, 2011.

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After March 11, 2011, the only filings by Plaintiff were a return of execution of summons

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on May 5, 2011, and a return of execution of summons on May 6, 2011. Nearly four months

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have lapsed since Plaintiff’s last filing, and nearly six months have lapsed since the Court’s

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March 11 order. Despite this lapse of time, the Court does not see that Plaintiff has done

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anything to progress this case. In other words, this case is over three years old and has been at a

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stand still for months.

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Given the state of the docket and the lapse in activity by Plaintiff, the Court believes that

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Plaintiff should show cause in writing why this case should not be dismissed for lack of

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prosecution. See Fed. R. Civ. Pro. 41(b); Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986).

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Accordingly, IT IS HEREBY ORDERED that Plaintiff shall show cause in writing on or
by 3:00 p.m. September 9, 2011, why this case should not be dismissed for lack of prosecution.

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IT IS SO ORDERED.

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Dated:
0m8i78

September 2, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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