Maxum Indemnity Company v. Court Services, Inc.

Filing 18

ORDER signed by Judge Garland E. Burrell, Jr. on 2/16/2012 ORDERING that Plaintiff shall file a motion for entry of default judgment before the Magistrate Judge within forty-five (45) days of the date on which this Order is filed. If Plaintiff fails to timely file the motion, Plaintiff shall show cause in writing no later than 4/2/2012, why this action should not be dismissed for failure of prosecution. Further, the status conference scheduled for hearing on 2/27/2012, is CONTINUED to commence a t 9:00 a.m. on 8/20/2012. A status report shall be filed fourteen (14) days prior to the status conference in which Plaintiff is required to explain the status of the default proceedings. Lastly, Does 1-10 are DISMISSED since Plaintiff has not justif ied Doe defendants remaining in this action. See Order Setting Status (Pretrial Scheduling) Conference filed 8/8/2011, at 2 n.2 (indicating that if justification for "Doe" defendant allegations not provided Doe defendants would be dismissed). (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAXUM INDEMNITY COMPANY, a
Delaware corporation,

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Plaintiff,

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v.

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COURT SERVICES, INC., a Nevada
corporation,

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Defendant.*
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2:11-cv-02014-GEB-EFB
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

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Plaintiff states in its Status Report filed February 13, 2012:

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[I]t appears that Court Services will not be
appearing in this action, and that Maxum’s efforts
to obtain a default judgment against Court Services
should proceed.

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Accordingly, Maxum requests that the Status
(Pretrial Scheduling) Conference be taken off
calendar, pending the clerk’s entry of default, and
Maxum’s filing an Application for Default Judgment
by the Court, against Court Services and in Maxum’s
favor.

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(ECF No. 16, 2:14-18.)

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Plaintiff shall file a motion for entry of default judgment

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before the Magistrate Judge within forty-five (45) days of the date on

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which this Order is filed. If Plaintiff fails to timely file the motion,

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Plaintiff shall show cause in writing no later than April 2, 2012, why

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this action should not be dismissed for failure of prosecution.

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*

The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order.
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Further,

the

status

conference

scheduled

for

hearing

on

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February 27, 2012, is continued to commence at 9:00 a.m. on August 20,

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2012. A status report shall be filed fourteen (14) days prior to the

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status conference in which Plaintiff is required to explain the status

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of the default proceedings.

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Lastly, Does 1-10 are dismissed since Plaintiff has not

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justified Doe defendants remaining in this action. See Order Setting

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Status (Pretrial Scheduling) Conference filed August 8, 2011, at 2 n.2

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(indicating that if justification for "Doe" defendant allegations not

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provided Doe defendants would be dismissed).

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IT IS SO ORDERED.
Dated:

February 16, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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