Pinzon v. Jensen et al

Filing 78

ORDER vacating Pretrial of 8/31/2011 and trial date of October 25, 2011. signed by Chief Judge Anthony W. Ishii on 8/26/2011. (Nazaroff, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABRAHAM G. PINZON,

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Plaintiff,
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v.
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RON JENSEN, RON JENSEN
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CONSTRUCTION, PINECREST
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MARKET, DAN VAUGHN, and DOES 1- )
50,
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Defendants.
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____________________________________ )

CIV-F-08-1543 AWI SKO
ORDER VACATING PRETRIAL
CONFERENCE AND TRIAL

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In this case, summary judgment has been granted to Defendants Pinecrest Market and

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Dan Vaughn. Two additional Defendants, Ron Jensen and Jensen Construction, were not part of

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the summary judgment motions. Both have filed waivers of service and declined consent to

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proceed before a Magistrate Judge. Docs. 16, 17, 24 and 25. Plaintiff Abraham Pinzon made a

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motion for entry of default judgment on February 8, 2010. Doc. 36. Magistrate Judge Gary

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Austin denied the motion without prejudice for failure to obtain a clerk’s entry of default. Doc.

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38. As Judge Austin pointed out, “prior to bringing a [default judgment] motion under [Federal

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Rule of Civil Procedure] 55(b)(2), the Clerk must enter default pursuant to Rule 55(a) which

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provides as follows: ‘Entering a Default: When a party against whom affirmative relief is sought

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has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the

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clerk must enter the party’s default.’” Doc. 38, at 1:24-27. If Pinzon wishes to proceed against
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Defendants Ron Jensen and Jensen Construction, he must follow the Federal Rules. The court

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will expect some action by Pinzon within thirty (30) days.

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The pretrial conference set for August 30, 2011 is VACATED. The trial set for October
25, 2011 is VACATED.

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IT IS SO ORDERED.

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Dated:
0m8i78

August 26, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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