Herbert Dyer v. Ford Motor Company

Filing 10

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to Prosecute this Action, signed by Magistrate Judge Jennifer L. Thurston on 11/20/2017. Show Cause Response due within 10 days. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 HERBERT DYER, Plaintiffs, 11 12 13 v. FORD MOTOR COMPANY, Defendant. 14 15 ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-01183- DAD - JLT ORDER TO PLAINTIFF TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO PROSECUTE THIS ACTION 16 On October 4, 2017, the parties filed a joint stipulation for an extension of thirty days for Ford 17 Motor Company to file a response to Plaintiff’s complaint, indicating the defendant’s response would 18 be due October 27, 2017. (Doc. 8 at 2) The Court granted the request (Doc. 9). but Ford has failed to 19 file the responsive pleading despite that it is now weeks past the deadline. Despite this, the plaintiff 20 has failed to seek entry of default. Thus, the Court ORDERS: 21 22 23 24 1. Within 10 days, the plaintiff SHALL show cause in writing why sanctions, up to an including dismissal of this action, should not be imposed for his failure to prosecute this action. Plaintiff is advised that his failure to comply will result in a recommendation that this matter be dismissed. 25 26 27 28 IT IS SO ORDERED. Dated: November 20, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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