Cardoza v. Tann et al

Filing 40

ORDER to Enter Appearance signed by Chief Judge Ralph R. Beistline on 06/03/2014. (Flores, E)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
LAWRENCE PEPE CARDOZA,
Case No. 1:11-cv-01386-RRB
Plaintiff,
ORDER TO ENTER APPEARANCE
vs.
M. TANN, et al.,
Defendants.

The Docket reflects that a Waiver of Service of Summons was executed and filed
in this Court on March 18, 2014, on behalf of Defendants M. Tann; Sgt D. Plunkett; P. Paz,
J. Oldan; S. Martinez; L. Marquez; M. Jones; R. Hopkins; M. Codd (erroneously identified
as M. Cobb); D. James; Sullins (erroneously identified as Sullines); and F. Carreon.1 The
Docket further reflects that a Waiver of Service of Summons was executed and filed in this
Court on March 31, 2014, on behalf of Defendant R. Cummings.2 The Waivers were
executed by a Deputy Attorney General for the State of California. Although the time for
responding has lapsed; as of this date, no Defendant has entered an appearance in this
matter.

1

Docket 33.

2

Docket 34.

ORDER TO ENTER APPEARANCE
Cardoza v. Tann, 1:11-cv-01386-RRB – 1

The record further reflects that, after service was effected, Plaintiff filed a Second
Amended Complaint with leave of court. The Second Amended Complaint included
additional parties not included in the First Amended Complaint. The Second Amended
Complaint has not yet been screened nor served on any Defendant. Accordingly, although
the operative pleading before this Court is the Second Amended Complaint, it has not yet
been screened and served. Therefore, requiring answer or other responsive pleading to
the First Amended Complaint would serve no useful purpose. On the other hand, the
failure of the served Defendants to timely file a responsive pleading or otherwise appear
delays the orderly processing of this matter by this Court.
Accordingly, although the served Defendants need not file a responsive pleading
to the First Amended Complaint at this time, counsel for the Defendants must enter an
appearance in this matter not later than June 23, 2014, or a default may be entered upon
the request of Plaintiff.
The Clerk of the Court is directed to serve a copy of this Order, either electronically
or by mail, on Kamala D. Harris, Attorney General of the State of California, and John P.
Walters, Deputy Attorney General.
IT IS SO ORDERED this 3rd day of June, 2014
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER TO ENTER APPEARANCE
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