United States of America v. Hartz

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/14/2014 DENYING defendants's 7 Motion to Dismiss. Defendant shall file a responsive pleading no later than 3/27/2014. Defendant is cautioned that failure to file a responsive pleading may result in recommendation that Default Judgment be entered against her. All Pretrial Motions shall be completed by 5/7/2014. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:14-cv-0112 WBS CKD PS

v.

ORDER

RUTHIE HARTZ,

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Defendant.

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Defendant is proceeding in this action pro se. The action was referred to this court under

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Local Rule 302(c)(21). ECF No. 9.
On March 10, 2014, defendant filed a document purporting to dismiss this action. ECF

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No. 7. Under Federal Rule of Civil Procedure 41, defendant’s filing is improper and will be

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denied.
Defendant was served with summons on February 5, 2014; defendant’s responsive

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pleading was due February 26, 2014. ECF No. 4. Defendant filed a document on February 25,

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2014. However, that document is non-responsive to the complaint. In light of defendant’s pro se

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status, defendant will be granted an extension of time to file a responsive pleading. Defendant is

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cautioned that failure to timely file a responsive pleading may result in entry of default judgment

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against defendant.

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/////
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Upon review of the entire docket, the court has determined that the only scheduling that

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need be done at this time is to set a cut-off date for law and motion. Accordingly, all law and

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motion is left open, save and except that it shall be conducted so as to be completed by May 7,

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2014. The word “completed” in this context means that all law and motion matters must be heard

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by the above date. The parties are cautioned to refer to the local rules regarding the requirements

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for noticing such motions on the court’s regularly scheduled law and motion calendar.

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The parties should keep in mind that the purpose of law and motion is to narrow and

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refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are

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susceptible to resolution without trial. To accomplish that purpose, the parties need to identify

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and fully research the issues presented by the case, and then examine those issues in light of the

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evidence gleaned through discovery. If it appears after examining the legal issues and facts that

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an issue can be resolved by pretrial motion, the parties are to file the appropriate motion by the

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law and motion cutoff set forth supra.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s motion to dismiss (ECF No. 7) is denied.

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2. Defendant shall file a responsive pleading no later than March 27, 2014. Defendant is

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cautioned that failure to file a responsive pleading may result in a recommendation that default

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judgment be entered against defendant.

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3. All pretrial motions shall be completed by May 7, 2014.
Dated: March 14, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 usa-hartz.cuo

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