United States v. Shearer et al

Filing 10

ORDER signed by Judge Garland E. Burrell, Jr. on 1/23/2013 ORDERING Plaintiff to take the necessary steps to prosecute this action as a default matter as to Defendants Stanley Swenson, Carl S. Wilson, Carol Wilson, Vernon L. Swenson, and Leora Swenso n; ORDERING Plaintiff to file required documents to prosecute this action as a default matter or to show cause, in writing, as to why these defendants should not be dismissed for failure of prosecution by 3/1/2013; CONTINUING the Initial Scheduling Conference to 3/18/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell. Jr.; ORDERING that a Joint Status Report be filed 14 days prior to the Status Conference. (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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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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L. RICHARD SHEARER; DIANE
SHEARER; STANLEY SWENSON as
Trustee of the HOTLUM TRUST,
BERRYVALE TRUST, and REGENCY
TRUST; CARL S. WILSON; CAROL
WILSON; EVELYN LOUISE SHEARER,
as Trustee of the EVELYN LOUISE
REVOCABLE TRUST; VERNON L.
SWENSON; LEORA SWENSON,

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Defendants.
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2:12-cv-02334-GEB-GGH
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

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Plaintiff states in its Status Report filed January 18, 2013,

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that “[L. Richard Shearer, Diane Shearer,] and Evelyn L. Shearer have

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answered the complaint at this time[,]” and requests the Court “to Order

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that default may be entered against the remaining defendants if they do

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not respond to the summons and complaint within twenty days of the date

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of entry of the Scheduling Order.” (Status Report 3:9-12.)

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Plaintiff shall take the steps necessary to prosecute this

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action as a default matter as to Defendants STANLEY SWENSON, CARL S.

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WILSON, CAROL WILSON, VERNON L. SWENSON, and LEORA SWENSON. No later

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than March 1, 2013, Plaintiff shall either file whatever documents are

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required to prosecute this case as a default matter as to the referenced

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defendants or show cause in a writing filed why these defendants should

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not be dismissed for failure of prosecution. The referenced defendants

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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

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January 28, 2013, is continued to commence at 9:00 a.m. on March 18,

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2013. A joint status report shall be filed fourteen (14) days prior to

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the status conference in which Plaintiff shall address the status of the

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default proceedings and the parties shall address the scheduling of this

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action as to the defendants who have appeared.

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IT IS SO ORDERED.
Dated:

January 23, 2013

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

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