United States v. Jara, Jr. et al.

Filing 11

ORDER to DEFENDANTS ELISEO JARA, JR. and SERGIO JARA to SHOW CAUSE Why Entry of Default Should Not Be Imposed for Their Failure to Appear in this Action and to File a Responsive Pleading, signed by Magistrate Judge Jennifer L. Thurston on 11/16/2016. Show Cause Response due by 11/30/2016. Scheduling Conference CONTINUED to 12/28/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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ELISEO JARA, JR., et al.,

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Defendants.

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Case No.: 1:16-cv-00906 AWI JLT
ORDER TO DEFENDANTS ELISEO JARA JR.
AND SERGIO JARA TO SHOW CAUSE WHY
ENTRY OF DEFAULT SHOULD NOT BE
IMPOSED FOR THEIR FAILURE TO APPEAR IN
THIS ACTION AND TO FILE A RESPONSIVE
PLEADING

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The USA initiated this action on June 23, 2016. (Doc. 1) The USA filed proof of service of the

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summonses and complaint on July 18, 2016. (Docs. 4, 5, 6) Nevertheless, Eliseo Jara, Jr. and Sergio

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Jara have not responded to the complaint. In the joint scheduling report, the government reports that

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Eliseo Jara, Jr. and Sergio Jara served answers on the government, but, it is apparent, neither defendant

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filed their answer in Court. Thus, they are in default.

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The case is in the same posture as when it was supposed to be scheduled on October 4, 2016.

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(Doc. 8) Given this situation, the Court will be unable, once again, to schedule this case on November

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23, 2016, as planned. Id. Therefore, the Court ORDERS:

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1.

The scheduling conference is CONTINUED to December 28, 2016 at 9:00 a.m. before

Judge Thurston at the United States Courthouse located at 510 19th Street, Bakersfield, CA1;

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In the event Eliseo Jara, Jr. and Sergio Jara wish to appear at the conference by telephone, no later than November 30,
2016, they SHALL file a request asking the Court issue a writ ad testificandum to allow them to appear by telephone.

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No later than November 30, 2016, Eliseo Jara, Jr. and Sergio Jara SHALL show cause

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in writing why default should not be entered against them for their failure to appear in this action and

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for their failure to file a responsive document. Alternatively, they may file their responsive document

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no later than November 30, 2016.

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Eliseo Jara, Jr. and Sergio Jara are advised that their failure to comply with this order
will result in the entry of default.

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IT IS SO ORDERED.
Dated:

November 16, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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