Manriquez et al v. Goodrum et al

Filing 51

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2011. In light of Mr. Dal Bon's representations, the Request for Extension of Time is GRANTED. On or before 8/19/2011, plaintiffs shall move for Default Judgment against remaining defendants and/or SHOW CAUSE why this action should not be dismissed for failure to prosecute. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE GONZALEZ MANRIQUEZ,
et al.,

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Plaintiffs,

No. CIV S-08-880 FCD EFB PS

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vs.
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TODD GOODRUM, et al.,
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Defendants.
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ORDER
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This action was referred to the undersigned pursuant to Local Rule 302(c)(21) and 28

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U.S.C. § 636(c). Dckt. No. 37. On March 31, 2011, the assigned district judge issued an order

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adopting the undersigned’s February 1, 2011 findings and recommendations; striking

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defendants’ answer due to their failure to communicate with plaintiffs and their failure to comply

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with numerous court orders and this court’s Local Rules; directing the Clerk to enter default

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against defendants; and permitting plaintiffs to move for default judgment against defendants

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within thirty days from the date defendants’ default is entered. Dckt. No. 47. Also on March 31,

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2011, the Clerk entered defendants’ default. Dckt. No. 48.

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On May 25, 2011, the undersigned issued an order noting that plaintiffs had not yet

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moved for default judgment against defendants, nor had they indicated how they intended to

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proceed with this action. Dckt. No. 49. Therefore, the order directed plaintiffs to show cause, in
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writing, on or before June 13, 2011, why this action should not be dismissed for failure to

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prosecute. Id. (citing Fed. R. Civ. P. 41(b)).

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On June 16, 2011, plaintiffs’ counsel James Dal Bon filed a response to the order to show

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cause and requested an additional sixty days to “file appropriate motions regarding the

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plaintiffs.” Dckt. No. 50. In light of Mr. Dal Bon’s representations, the request for an extension

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of time will be granted. Therefore, on or before August 19, 2011, plaintiffs shall move for

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default judgment against the remaining defendants and/or shall show cause, in writing, why this

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action should not be dismissed for failure to prosecute. Failure to comply with this order may

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result in a recommendation that this action be dismissed for lack of prosecution and/or for failure

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to comply with court orders and this court’s Local Rules.
SO ORDERED.
DATED: June 21, 2011.

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