Wilson v. Boykin et al

Filing 32

ORDER and ORDER to SHOW CAUSE signed by Judge Frank C. Damrell, Jr on 7/9/2010 ORDERING that Cross-Claimant's counsel, Ms. Teresa A. Cunningham, is ordered to show cause why cross-claimants complaint should not be dismissed for failure effectuate service and for failure to prosecute. Cross-Claimant's counsel shall file a response to the order to show cause on or before July 30, 2010. A hearing on this order to show cause is set for Friday, August 6, 2010 at 10:00 a.m. (Duong, D)

Wilson v. Boykin et al

Doc. 32

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RANCH & PET SUPPLY, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---NO. CIV. S-09-0071 FCD DAD ORDER AND ORDER TO SHOW CAUSE

10 CHARLES BOYKIN, dba WESTERN
Cross-Claimant, v. JOHN P. DOLAN, individually, COMPANY,

14 and dba JP DOLAN LUMBER

Cross-Defendant. ----oo0oo---Cross-Claimant filed a Cross-Complaint on May 11, 2009. On

19 May 12, 2009, the Court issued a Summons as to Cross-Defendant 20 John P. Dolan. The Court's Order Requiring a Joint Status Report 21 filed on January 9, 2009 required: (1)that service of process on 22 all parties to be completed within one hundred and twenty (120) 23 days of the date of the filing of the complaint; and (2) that a 24 joint status report to be filed within sixty (60) days of service 25 of the complaint on all parties, or from the date of removal and 26 that the parties shall confer as required by Fed. R. Civ. P. 27 26(f) and the joint status report include the Rule 26(f) 28 discovery plan.

Dockets.Justia.com

1

On April 26, 2010, Cross-Claimant filed a status report

2 which requested an additional 45 days to report back to the Court 3 regarding further status. 5 6
As of today's date, no further status

4 report has been filed with the Court.
Accordingly, the Court makes the following orders: 1. Cross-Claimant's counsel, Ms. Teresa A. Cunningham, is

7 ordered to show cause why cross-claimant's complaint should not 8 be dismissed for failure effectuate service and for failure to 9 prosecute. 10 12 14 16 17 18 19 20 21 22 23 24 25 26 27 28
2 FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 2. Cross-Claimant's counsel shall file a response to the

11 order to show cause on or before July 30, 2010.
3. A hearing on this order to show cause is set for

13 Friday, August 6, 2010 at 10:00 a.m.
IT IS SO ORDERED.

15 DATED: July 9, 2010