Manriquez et al v. Goodrum et al

Filing 49

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/25/2011 ORDERING that, on or before 6/13/2011, Pltfs shall SHOW CAUSE why this action should not be dismissed for failure to prosecute. (Zignago, K.)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE GONZALEZ MANRIQUEZ, et al., 11 No. CIV S-08-0880 FCD EFB PS Plaintiff, 12 vs. 13 TODD GOODRUM, et al., 14 Defendants. 15 16 ORDER TO SHOW CAUSE / This action was referred to the undersigned pursuant to Local Rule 302(c)(21) and 28 17 U.S.C. § 636(c). Dckt. No. 37. On March 31, 2011, the assigned district judge issued an order 18 adopting the undersigned’s February 1, 2011 findings and recommendations; striking 19 defendants’ answer due to their failure to communicate with plaintiffs and their failure to comply 20 with numerous court orders and this court’s Local Rules; directing the Clerk to enter default 21 against defendants; and permitting plaintiffs to move for default judgment against defendants 22 within thirty days from the date defendants’ default is entered. Dckt. No. 47. Also on March 31, 23 2011, the Clerk entered defendants’ default. Dckt. No. 48. 24 Although defendants’ default was entered nearly two months ago, court records reflect 25 that plaintiffs have not moved for default judgment against defendants, nor have they indicated 26 how they intend to proceed with this action. Therefore, on or before June 13, 2011, plaintiffs 1 1 shall show cause, in writing, why this action should not be dismissed for failure to prosecute. 2 See Fed. R. Civ. P. 41(b). Failure of plaintiffs to respond to this order to show cause may result 3 in a recommendation that this action be dismissed for lack of prosecution and/or for failure to 4 comply with court orders and this court’s Local Rules. 5 6 SO ORDERED. Dated: May 25, 2011. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?