Herbert Dyer v. Ford Motor Company

Filing 13

ORDER DISCHARGING #10 the Order to Show Cause Dated November 20, 2017; ORDER GRANTING #12 Defendant an Extension of Time to Respond to the Complaint and Continuing the Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 11/27/2017. Defendant's response to complaint due by 12/14/2017. Initial Scheduling Conference CONTINUED to 12/28/2017 at 08:30 AM in Bakersfield, 510 19th Street 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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HERBERT DYER,
Plaintiff,

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v.

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FORD MOTOR COMPANY,
Defendant.

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Case No.: 1:17-cv-01183 - DAD - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED NOVEMBER 20, 2017
ORDER GRANTING DEFENDANT AN
EXTENSION OF TIME TO RESPOND TO THE
COMPLAINT AND CONTINUING THE
SCHEDULING CONFERENCE

Previously, the Court granted Defendant an extension of time to file a response to Plaintiff’s

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complaint, ordering Defendant to file its response no later than October 27, 2017. (Doc. 9) Defendant

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failed to file a response, after which the Court issued an order to show cause to Plaintiff to show why

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sanctions should not be imposed for his failure to prosecute the action through seeking the entry of

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default. (Doc. 10)
On November 22, 2010, the parties filed a joint response to the Court’s order, asserting that

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“[g]ood cause exists not to order sanctions and dismiss this action because the parties have been

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engaged in settlement discussions.” (Doc. 11 at 2) In addition, the parties report they “are now in the

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process of finalizing the settlement.” (Id.) Currently, the parties anticipate filing a Notice of

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Settlement in approximately thirty days. (Id.) Therefore, the parties also request a continuance of the

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Scheduling Conference set with the Court from November 30, 2017 to December 28, 2017. (Doc. 12)

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Based upon the stipulation of the parties and good cause appearing, the Court ORDERS:

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The Order to Show Cause dated November 20, 2017 (Doc. 10) is DISCHARGED;

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Defendant SHALL file its response to Plaintiff’s complaint no later than
December 14, 2017; and

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3.

The Scheduling Conference is CONTINUED to December 28, 2017 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

November 27, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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