Warshauer v. Dermaset Inc.

Filing 5

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for the Failure to Comply with the Court's Orders and to Prosecute this Action; ORDER CONTINUING SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 4/27/2021. Show Cause Response due by 5/10/2021. Scheduling Conference CONTINUED to 7/12/2021 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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WENDY WARSHAUER

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Plaintiffs,
v.
DERMASET INC.,

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Defendant.

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Case No.: 1:21-cv-00174 NONE JLT
ORDER TO PLAINTIFF TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE IMPOSED FOR
THE FAILURE TO COMPLY WITH THE
COURT’S ORDERS AND TO PROSECUTE THIS
ACTION; ORDER CONTINUING SCHEDULING
CONFERENCE

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The plaintiff initiated this action on February 11, 2021. (Doc. 1) The Clerk of Court issued
summons the next day (Doc. 3) The order setting the mandatory scheduling conference reads,
The Court is unable to conduct a scheduling conference until defendants have been served with
the summons and complaint. Accordingly, plaintiff(s) shall diligently pursue service of
summons and complaint and dismiss those defendants against whom plaintiff(s) will not
pursue claims. Plaintiff(s) shall promptly file proofs of service of the summons and complaint
so the Court has a record of service. Counsel are referred to F.R.Civ.P., Rule 4 regarding the
requirement of timely service of the complaint Failure to timely serve the summons and
complaint may result in the imposition of sanctions, including the dismissal of unserved
defendants.

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(Doc. 4 at 1) However, the plaintiff has not filed proofs of service, and no defendant has appeared in

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the action. Therefore, the Court ORDERS,

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1.

No later than May 10, 2021, the plaintiff SHALL show cause why sanctions should

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not be imposed for the failure to prosecute this action and to serve the summons and complaint in a

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timely fashion as ordered. Alternatively, the plaintiff may file proofs of service demonstrating the
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summonses and complaint have been served;

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2.

The scheduling conference is CONTINUED to July 12, 2021 at 8:30 a.m.

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Failure to respond may result in the Court recommending dismissal of the action.

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IT IS SO ORDERED.
Dated:

April 27, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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