Elliott, et al. v. Solis, et al.

Filing 24

ORDER DISCHARGING Order to Show Cause 20 , signed by Magistrate Judge Stanley A. Boone on 01/9/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SOPHIA ELLIOTT, et al.,

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Plaintiffs,
v.
ROBERT ROSS, et al.,

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Case No. 1:17-cv-01214-LJO-SAB
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(ECF No. 20)

Defendants.

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On November 27, 2017, Plaintiffs filed a first amended complaint against Defendants

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Deputy Andres Solis, County of Fresno, Robert Ross, and Patrick J. McComb dba as Drive

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America. (ECF No. 18.) On December 11, 2017, Defendants County of Fresno and Deputy

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Andres Solis filed an answer to the first amended complaint. (ECF No. 19.) Defendants Robert

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Ross and Patrick J. McComb did not file an answer or otherwise responded to the first amended

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complaint. On December 27, 2017, an order issued requiring Defendants Ross and McComb to

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show cause why default should not be entered against them for failure to file a responsive

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pleading.

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On December 28, 2017, Defendants Ross and McComb filed an answer to the first

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amended complaint. Defendants response to the order to show cause was due on January 8, 2018,

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but they did not otherwise respond to the order to show cause. Counsel for Defendants Ross and

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McComb are admonished that when an order issues requiring a party to show cause for a failure
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to comply simply remedying the failure to comply is not a sufficient response. In this instance,

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the Court shall discharge the order to show cause as the answer has now been filed. But should

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any further order requiring cause to be shown issue, the party is required to file a response

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addressing the reason for the failure to comply and any actions taken to prevent such failure to

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comply in the future if necessary.

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Accordingly, the December 27, 2017 order requiring Defendants Robert Ross and Patrick

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J. McComb to show cause for their failure to respond to the first amended complaint is HEREBY

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DISCHARGED.

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IT IS SO ORDERED.
Dated:

January 9, 2018

UNITED STATES MAGISTRATE JUDGE

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