Accor Franchising North America, LLC v. Elohim Ent. Inc. et al

Filing 18

ORDER signed by Judge Garland E. Burrell, Jr on 10/5/12 ORDERING the Plaintiff shall file a motion for entry of default judgment before the Magistrate Judge within thirty days of the date on which this Order is filed. If Plaintiff fails to timely fil e the motion, Plaintiff shall show cause in writing no later than November 12, 2012 why this action should not be dismissed for failure of prosecution. This action may be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) if Plaint iff fails to timely respond to this Order. Further, the status conference scheduled for hearing on October 15, 2012, is continued to commence at 9:00 a.m. on April 15, 2013. 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. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accor Franchising North America,
LLC,

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Plaintiff,
v.

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Elohim Ent. Inc., Gondosinaryo
Listyo,

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Defendants.
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2:12-cv-00762-GEB-CKD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

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Plaintiff states in its Status Report filed September 28,

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2012, that “the Clerk [has] entered default against defendants Elohim

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and Listyo[,]”

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judgment within the next three weeks.” (ECF No. 17, 1:27-28, 2:17.)

and

it

anticipates

“fil[ing]

a motion

for

default

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Plaintiff shall file a motion for entry of default judgment

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before the Magistrate Judge within thirty days of the date on which this

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

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shall show cause in writing no later than November 12, 2012 why this

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action should not be dismissed for failure of prosecution. This action

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may be dismissed with prejudice under Federal Rule of Civil Procedure

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41(b) if Plaintiff fails to timely respond to this Order.

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Further,

the

status

conference

scheduled

for

hearing

on

October 15, 2012, is continued to commence at 9:00 a.m. on April 15,

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2013. 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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IT IS SO ORDERED.

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Dated:

October 5, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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