O'Campo v. Ghoman et al

Filing 90

ORDER TO SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 1/11/2017 ORDERING that plaintiff shall show cause in writing within 7 days of the date of this order as to why this action should not be dismissed for a lack of prosecution and why plaintiff's counsel should not be sanctioned for failing to comply with the 11/30/2016 order to show cause. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIMAS O’CAMPO,

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No. 2:08-cv-1624 KJM DB PS

Plaintiff,
v.
RAGHBIR SINGH GHOMAN, dba
QUICK SHOP 2; GHOMAN’S
PROPERTIES, LLC,

ORDER TO SHOW CAUSE

Defendants.

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On May 19, 2016, an order issued granting plaintiff leave to file a second amended

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complaint and deeming the second amended complaint filed March 21, 2016, the operative

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complaint. (ECF No. 82.) On June 30, 2016, plaintiff filed a declaration attesting to plaintiff’s

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efforts to serve the second amended complaint on the defendants. (ECF No. 84.)

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On November 30, 2016, the undersigned issued an order to show cause ordering plaintiff

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to “show cause in writing within twenty-one (21) days” as to why this action should not be

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dismissed for a lack or prosecution. (ECF No. 87.) On December 19, 2016, plaintiff filed an

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application for the Clerk to enter defendants’ default. (ECF No. 88.) The Clerk entered

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defendants’ default on December 20, 2016. (ECF No. 89.)

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Plaintiff, however, has not responded to the November 30, 2016, order to show cause. In
this regard, the November 30, 2016 order explicitly ordered plaintiff to show cause in writing
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within twenty-one days. Filing an application for the entry of defendants’ default was not a

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permitted response.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall show cause in writing within

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seven (7) days of the date of this order as to why this action should not be dismissed for a lack of

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prosecution and why plaintiff’s counsel should not be sanctioned for failing to comply with the

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November 30, 2016 order to show cause.1

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Dated: January 11, 2017

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DLB:6
DB\orders\orders.pro se\o’campo1624.osc2.dlop

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Alternatively, plaintiff may comply with this order by filing a notice of voluntary dismissal
pursuant to Rule 41 of the Federal Rules of Civil Procedure.
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