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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SOPHIA ELLIOTT, et al., 12 13 14 Plaintiffs, v. ROBERT ROSS, et al., 15 Case No. 1:17-cv-01214-LJO-SAB ORDER DISCHARGING ORDER TO SHOW CAUSE (ECF No. 20) Defendants. 16 17 On November 27, 2017, Plaintiffs filed a first amended complaint against Defendants 18 Deputy Andres Solis, County of Fresno, Robert Ross, and Patrick J. McComb dba as Drive 19 America. (ECF No. 18.) On December 11, 2017, Defendants County of Fresno and Deputy 20 Andres Solis filed an answer to the first amended complaint. (ECF No. 19.) Defendants Robert 21 Ross and Patrick J. McComb did not file an answer or otherwise responded to the first amended 22 complaint. On December 27, 2017, an order issued requiring Defendants Ross and McComb to 23 show cause why default should not be entered against them for failure to file a responsive 24 pleading. 25 On December 28, 2017, Defendants Ross and McComb filed an answer to the first 26 amended complaint. Defendants response to the order to show cause was due on January 8, 2018, 27 but they did not otherwise respond to the order to show cause. Counsel for Defendants Ross and 28 McComb are admonished that when an order issues requiring a party to show cause for a failure 1 1 to comply simply remedying the failure to comply is not a sufficient response. In this instance, 2 the Court shall discharge the order to show cause as the answer has now been filed. But should 3 any further order requiring cause to be shown issue, the party is required to file a response 4 addressing the reason for the failure to comply and any actions taken to prevent such failure to 5 comply in the future if necessary. 6 Accordingly, the December 27, 2017 order requiring Defendants Robert Ross and Patrick 7 J. McComb to show cause for their failure to respond to the first amended complaint is HEREBY 8 DISCHARGED. 9 10 11 IT IS SO ORDERED. Dated: January 9, 2018 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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