Penton v. Hubard et al

Filing 141

ORDER signed by Magistrate Judge Kendall J. Newman on 10/3/2018 GRANTING 139 Request for Entry of Default as to Defendant Nunez. Clerk of Court to enter clerk's default as to Defendant Nunez. Stay of this action expired on 9/26/2018. This action is stayed pending further settlement negotiations on 11/29/2018. (Order served on Defendant Nunez at Jolene Nunez, 4636 Heceta Beach Road, Florence, OR 97439 and Jolene Nunez, 16011 Lower Harbor Road, Unit #79, Brookings, OR 97415) (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PENTON,

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No. 2:11-cv-0518 TLN KJN P

Plaintiff,

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v.

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HUBARD, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. On May 29, 2018, this action

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was stayed for 120-days pending referral to the post-screening ADR project. Settlement

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conference was held on August 30, 2018, and a further settlement conference was scheduled for

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November 29, 2018. Under the May 29, 2018 order, the stay expired on September 26, 2018.

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Defendants Besenaiz, Bradford, Donahoo, Gaddi, Lynch, Morrow, Pool, Quinn, Salas,

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Virga and Walker filed an answer on September 26, 2018.1 On September 28, 2018, plaintiff

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filed a request for entry of default as to defendant Nunez. According to the return of service,

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defendant Nunez was served on June 13, 2018. Defendant had 21 days to file a responsive

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pleading. Because the 21st day fell on July 4, 2018, a federal holiday, defendant Nunez’

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responsive pleading was due on or before July 5, 2018. However, under the order staying this

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Defendants Donahoo, Pool, Virga, J. Walker, and L. Johnson previously answered. (ECF Nos.
116, 117.)

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action, no pleading could be filed. Thus, defendant Nunez was required to file a responsive

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pleading once the stay expired, extending the deadline to September 27, 2018.

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The stay issued on May 29, 2018, expired September 26, 2018. Plaintiff’s motion for

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entry of defendant Nunez’ default is granted. The Clerk of the Court is directed to enter

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defendant Nunez’ default. Following entry of Nunez’ default, and in light of the continued

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settlement conference, the stay of this action is reinstated through November 29, 2018.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The stay of this action expired on September 26, 2018.

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2. Plaintiff’s request for entry of default as to defendant Nunez (ECF No. 139) is granted.

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3. The Clerk of the Court shall enter a clerk’s default as to defendant Nunez.

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4. The Clerk of the Court shall serve a copy of this order on defendant Nunez at the

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following addresses:

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Jolene Nunez, 4636 Heceta Beach Road, Florence, OR 97439; and

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Jolene Nunez, 16011 Lower Harbor Road, Unit #79, Brookings, OR 97415.

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5. This action is stayed pending further settlement negotiations on November 29, 2018.
Dated: October 3, 2018

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/pent0518.sty

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