Sceper v. Hay et al

Filing 9

ORDER signed by Judge Garland E. Burrell, Jr. on 11/9/2011 ORDERING Plaintiff to file a Motion for Entry of Default Judgment against Defendant Hay within 60 days; ORDERING Plaintiff to file a Notice of Settlement, a document explaining how this actio n will be prosecuted, or documents necessary to prosecute the case as a default matter as to Schmitt Defendants within 45 days; CONTINUING Status Conference until 3/26/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff's Status Report due 14 days prior to 3/26/2012 hearing. (Michel, G)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 DUANE H. SCEPER, 14 15 16 17 18 19 20 21 Plaintiff, v. DIANA R. HAY; DIANA R. HAY dba Elegant Home Furnishings; WILLIAM R. SCHMITT, TRUSTEE; SCHMITT FAMILY TRUST; and DOES 1 through 10, Inclusive, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:11-cv-02190-GEB-DAD ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE Plaintiff states in his Status Report filed October 27, 2011: 22 “Defendants were served on August 25 and 29, 2011[;]” “Plaintiff 23 anticipates settlement with SCHMITT defendants” and “[d]efault as to 24 Defendant HAY was entered on October 27, 2011.” (ECF No. 8.) 25 Plaintiff also states: “Motion for Default Judgment will be 26 filed and Prove-up Hearing on Default Judgment will be scheduled within 27 60 days.” Id. 2:14-15. Therefore, Plaintiff shall file a motion for 28 entry of default judgment against Defendant Hay before the Magistrate 1 1 Judge within sixty (60) days of the date on which this Order is filed. 2 If Plaintiff fails to timely file the motion, Plaintiff shall show cause 3 in writing no later than 4:00 p.m. on March 12, 2012, why this defendant 4 should not be dismissed for failure of prosecution. 5 Further, Plaintiff states: “SCHMITT defendants are represented 6 by Mark Emmett who is presently indisposed due to family illness. 7 Plaintiff 8 Emmett’s return.” (Status Report 1:28-2:2.) Since the Schmitt Defendants 9 have not filed an answer, Plaintiff shall either file a notice of 10 settlement, a document explaining how this action will be prosecuted, or 11 the documents necessary to prosecute the case against these defendants 12 as a default matter, within forty-five (45) days of the date on which 13 this Order is filed. If Plaintiff fails to file any referenced document 14 concerning his case against the Schmitt Defendants, Plaintiff shall Show 15 Cause in a writing filed no later than 4:00 p.m. on March 12, 2012, why 16 these Defendants should not be dismissed for failure of prosecution. 17 anticipates Further, settlement the status with SCHMITT conference defendants scheduled for upon hearing Mr. on 18 November 14, 2011, is continued to commence at 9:00 a.m. on March 26, 19 2012. A status report shall be filed fourteen (14) days prior to the 20 status conference in which Plaintiff is required to explain the status 21 of the proceedings. 22 23 IT IS SO ORDERED. Dated: November 9, 2011 24 25 26 GARLAND E. BURRELL, JR. United States District Judge 27 28 2

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