Thomas v. United Air Lines, Inc. et al

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/30/20103. The 7/11/2014 14 Order to Show Cause is DISCHARGED. If plaintiff opines service on Cruz was proper and that he failed to timely respond to Complaint, within 30 days, plaintifff shall request that Clerk enter Cruz's Default. (Marciel, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SYLVIA THOMAS, Plaintiff, 11 12 13 14 No. 2:13-cv-745-MCE-EFB PS vs. UNITED AIR LINES, INC.; RAFAEL PADILLA CRUZ; and DOES 1-50, inclusive, ORDER 15 Defendants. / 16 17 This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to 18 Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On July 11, 19 2013, the undersigned recommended that defendant United Air Lines, Inc.’s motion to dismiss 20 be granted, and ordered plaintiff to show cause, in writing on or before July 25, 2013, why 21 defendant Rafael Padilla Cruz should not be dismissed for failure to effect service of 22 process within the time prescribed by Rule 4(m) and/or for failure to comply with the Federal 23 Rules of Civil Procedure and this court’s previous orders. ECF No. 14. 24 On July 25, 2013, plaintiff filed a response to the order to show cause, indicating that 25 defendant Cruz was served on May 7, 2013, and that the executed summons was filed on May 26 20, 2013. ECF No. 7. In light of plaintiff’s response, the July 11, 2013 order to show cause will 1 1 be discharged. If plaintiff believes that service on Cruz was proper and that Cruz failed to timely 2 respond to the complaint, plaintiff shall request that the clerk enter Cruz’s default in accordance 3 with Federal Rule of Civil Procedure 55(a).1 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The July 11, 2013 order to show cause is discharged. 6 2. If plaintiff opines that service on Cruz was proper and that he failed to timely respond 7 8 9 to the complaint, within thirty days, plaintiff shall request that the clerk enter Cruz’s default.2 SO ORDERED. Dated: July 30, 2013. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 2 26 The court has not considered or determined whether service was, in fact, proper. If the clerk enters Cruz’s default, plaintiff shall thereafter file and notice an appropriate motion for default judgment in accordance with Local Rule 230 and Federal Rule of Civil Procedure 55(b). 2

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