Gastelum v. Northwest Target LLC

Filing 6

ORDER to PLAINTIFF to SHOW CAUSE Why Sanctions Should Not Be Imposed for Failure to Prosecute this Action and Comply with the Court's Orders; ORDER CONTINUING the Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2021. Show Cause Response due by 12/3/2021. Scheduling Conference CONTINUED to 1/10/2022 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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FERNANDO GASTELUM,
Plaintiff,

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v.
NORTHWEST TARGET LLC,
Defendant.

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Case No.: 1:21-cv-1330 AWI JLT
ORDER TO THE PLAINTIFF TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR FAILURE TO PROSECUTE THIS ACTION
AND COMPLY WITH THE COURT’S ORDERS;
ORDER CONTINUING THE SCHEDULING
CONFERENCE

The plaintiff initiated this action on September 3, 2021. (Doc. 1) The Clerk of Court issued the

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summons on September 8, 2021 and the order setting the mandatory scheduling conference (Docs. 2, 3)

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The order setting the mandatory scheduling conference reads,

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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. 3 at 1) Though the plaintiff has not filed a proof of service, the parties stipulated to allow the

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defendant an extension of time to November 1, 2021 to file the responsive pleading. The defendant has

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not filed a responsive pleading and the plaintiff has not sought default. Therefore, the Court ORDERS:

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1.

No later than December 3, 2021, the plaintiff SHALL show cause why sanctions
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should not be imposed for the failure to prosecute this action and to serve the summons and complaint

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in a timely fashion as ordered. Alternatively, the plaintiff may file a proof of service demonstrating the

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summons and complaint has been served
The scheduling conference is CONTINUED to January 10, 2022 at 8:30 a.m.

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2.

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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:

November 17, 2021

_ /s/ Jennifer L. Thurston

CHIEF UNITED STATES MAGISTRATE JUDGE

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