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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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DUANE H. SCEPER,

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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.
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2:11-cv-02190-GEB-DAD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

Plaintiff states in his Status Report filed October 27, 2011:

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“Defendants

were

served

on

August

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and

29,

2011[;]”

“Plaintiff

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anticipates settlement with SCHMITT defendants” and “[d]efault as to

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Defendant HAY was entered on October 27, 2011.” (ECF No. 8.)

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Plaintiff also states: “Motion for Default Judgment will be

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filed and Prove-up Hearing on Default Judgment will be scheduled within

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60 days.” Id. 2:14-15. Therefore, Plaintiff shall file a motion for

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entry of default judgment against Defendant Hay before the Magistrate

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Judge within sixty (60) days of the date on which this Order is filed.

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If Plaintiff fails to timely file the motion, Plaintiff shall show cause

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in writing no later than 4:00 p.m. on March 12, 2012, why this defendant

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should not be dismissed for failure of prosecution.

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Further, Plaintiff states: “SCHMITT defendants are represented

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by Mark Emmett who is presently indisposed due to family illness.

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Plaintiff

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Emmett’s return.” (Status Report 1:28-2:2.) Since the Schmitt Defendants

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have not filed an answer, Plaintiff shall either file a notice of

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settlement, a document explaining how this action will be prosecuted, or

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the documents necessary to prosecute the case against these defendants

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as a default matter, within forty-five (45) days of the date on which

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this Order is filed. If Plaintiff fails to file any referenced document

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concerning his case against the Schmitt Defendants, Plaintiff shall Show

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Cause in a writing filed no later than 4:00 p.m. on March 12, 2012, why

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these Defendants should not be dismissed for failure of prosecution.

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anticipates

Further,

settlement

the

status

with

SCHMITT

conference

defendants

scheduled

for

upon

hearing

Mr.

on

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November 14, 2011, is continued to commence at 9:00 a.m. on March 26,

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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 proceedings.

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IT IS SO ORDERED.
Dated:

November 9, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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