American Automobile Association, (Incorporated) v. Peck

Filing 11

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for Its Failure to Prosecute this Action and Seek Default, signed by Magistrate Judge Jennifer L. Thurston on 11/1/2016. Show Cause Response due by 11/22/2016. Initial Scheduling Conference CONTINUED to 12/28/2016 at 08:30 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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AMERICAN AUTOMOBILE
ASSOCIATION,

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Plaintiff,
v.
STEVEN PECK,

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Defendant.

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Case No.: 1:16-cv-01259 DAD JLT
ORDER TO THE PLAINTIFF TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR ITS FAILURE TO PROSECUTE THIS
ACTION AND SEEK DEFAULT

The plaintiff initiated this action on August 25, 2016 (Doc. 1) and on September 20, 2016, filed

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proof of service of the summons and complaint on September 1, 2016. (Doc. 10) Nevertheless, the

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defendant has not responded to the complaint and the plaintiff has failed to seek default. Thus, it is

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clear that the Court will be unable to schedule this case on November 28, 2016, as planned. (Doc. 3)

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Therefore, the Court ORDERS:

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1.

The scheduling conference is CONTINUED to December 28, 2016;

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2.

No later than November 22, 2016, the plaintiff SHALL show cause in writing why

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sanctions should not be imposed for its failure to prosecute this action including seeking the entry of

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default.

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IT IS SO ORDERED.
Dated:

November 1, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE