CA Dept Toxic Sub v. Brighton Oil Co, et al

Filing 1222

ORDER signed by Judge Garland E. Burrell, Jr. on 5/26/2011 ORDERING if Pltf fails to file a motion for entry of default judgment against dft Keil Enterprises, Inc. on or before 7/13/2011, Pltf shall show cause no later than 4:00 PM on 7/15/2011, why this dft should not be dismissed for failure of prosecution. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,
Plaintiff,

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v.

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CHARLES V. KESTER, ET AL.,

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Defendants.
________________________________

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AND RELATED CROSS-CLAIMS,
COUNTERCLAIMS, and THIRD-PARTY
ACTIONS
________________________________

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2:02-cv-00018-GEB-GGH
ORDER

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On May 6, 2011, Plaintiff Department of Toxic Substances

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Control filed a request to continue the status conference scheduled for

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June 13, 2011. (ECF No. 1220.) The pretrial scheduling conference was

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rescheduled

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Plaintiff’s request it states there are “defaulting parties” against

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which Plaintiff will file motions for entry of default judgment prior to

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July 13, 2011. (ECF No. 1220.) Since Plaintiff uses the term “parties”,

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the Court assumes one of the parties referenced is Keil Enterprises,

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Inc., a party not mentioned in a filing made on March 29, 2011. (ECF No.

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1201.)

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Enterprises, Inc. on October 7, 2010. (ECF No. 1170.)

A

for

Clerk

October

of

the

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2011.

Court’s

(ECF

Default

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No.

was

1221.)

entered

However,

against

in

Keil

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If Plaintiff fails to file a motion for entry of default

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judgment against Defendant Keil Enterprises, Inc. before the Magistrate

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Judge on or before July 13, 2011, Plaintiff shall show cause in writing

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no later than 4:00 p.m. on July 15, 2011, why this defendant should not

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be dismissed for failure of prosecution.

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Dated:

May 26, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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