Farmer v. County of Calaveras et al

Filing 22

ORDER REQUIRING DEFENDANTS TO FILE AN ANSWER WITHIN FIVE DAYS. IT IS HEREBY ORDERED that: Defendants shall file an answer to the complaint within five (5) days from the date of entry of this order; If Defendants do not file an answer in compliance w ith this order, Plaintiff shall promptly move for entry of default; If the parties agree to extend time for a responsive pleading to be filed they shall file a stipulation prior to the date the responsive pleading is due; and Failure to comply with this order may result in the issuance of sanctions up to and including dismissal of this action. Signed by Magistrate Judge Stanley A. Boone on 6/7/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGELA FARMER,
Plaintiff,

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ORDER REQUIRING DEFENDANTS TO
FILE AN ANSWER WITHIN FIVE DAYS

v.

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Case No. 1:18-cv-00009-DAD-SAB

COUNTY OF CALAVERAS, et al.,
Defendants.

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On August 27, 2017, Plaintiff Angela Farmer filed this civil rights action pursuant to 42

18 U.S.C. § 1983 against Defendants County of Calaveras and Heather Gordon in the Sacramento
19 Division of the Eastern District of California. (ECF No. 1.) Defendants filed a motion to
20 dismiss on November 20, 2017. (ECF No. 5.) On January 2, 2018, the matter was transferred to
21 the Fresno Division of the Eastern District of California at the stipulation of the parties. (ECF
22 No. 10.)
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On April 24, 2018, an order issued granting in part and denying in part Defendants

24 motion to dismiss. (ECF No. 21.) Plaintiff was provided with the opportunity to file an
25 amended complaint within twenty-one days of the April 24, 2018 order. (Id.) Plaintiff did not
26 file an amended complaint.
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Pursuant to Rule 12 of the Federal Rules of Civil Procedure, when a motion under Rule

28 12 is decided, the defendant has 14 days after notice of the court’s action to file a responsive

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1 pleading. Fed. R. Civ. P. 12(a)(4)(A). The motion to dismiss was decided on April 24, 2018,
2 and Defendants have not filed a responsive pleading, nor have the parties stipulated to extend
3 time for a response.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendants shall file an answer to the complaint within five (5) days from the date
of entry of this order;

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2.

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If Defendants do not file an answer in compliance with this order, Plaintiff shall
promptly move for entry of default;

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3.

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If the parties agree to extend time for a responsive pleading to be filed they shall
file a stipulation prior to the date the responsive pleading is due; and

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4.

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Failure to comply with this order may result in the issuance of sanctions up to and
including dismissal of this action.

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IT IS SO ORDERED.

15 Dated:

June 7, 2018
UNITED STATES MAGISTRATE JUDGE

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