Grogan v. Beale Aero Club et al

Filing 29

ORDER signed by Judge Garland E. Burrell, Jr on 10/20/2015 ORDERING the plaintiff to file a Motion for Leave to file an amended complaint by 11/16/2015; ORDERING the plaintiff to take the necessary steps to prosecute this action as a default matter a s to Defendant John Henry or to show cause in writing as to why said defendant and/or this action should not be dismissed for failure of prosecution by 11/16/2015; WARNING the plaintiff that a failure to timely respond to this order may result in a d ismissal of the defendant and/or this action with prejudice under F.R.Cv.P. Rule 41(b); CONTINUING the Status Conference to 2/1/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; ORDERING that a status report be filed fourteen (14) days prior to the Status Conference. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES M. GROGAN,

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2:15-cv-00562-GEB-KJN

Plaintiff,

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No.

v.

ORDER

JOHN HENRY, an individual;
and DOES 1-30,
Defendants*.

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ANTICIPATED AMENDMENT OF PLEADINGS

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Plaintiff states in his Status Report filed October 13,

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2015, that he “will move the Court to amend the pleadings to

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rename the United States of America as a Defendant now that six

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months have passed since filing the administrative claim and the

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administrative

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Report 2:20-21, ECF No. 28 (citation omitted).)

remedies

have

been

exhausted.”

(Pl.’s

Status

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Plaintiff has until November 16, 2015, to file a motion

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in which leave is sought under Federal Rule of Civil Procedure

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15(a)

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further

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Complaint is permitted, except with leave of Court for good cause

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shown.

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*

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to

file

the

service,

referenced

joinder

of

amendment,
parties,

or

after

which

amendments

time

no

to

the

The caption has been amended according to the July 17, 2015 Order
Granting Defendants United States of America and Beale Aero Club’s Dismissal
Motion. (ECF No. 23.)

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DEFAULT PROCEEDINGS

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Plaintiff

states

in

his

Status

Report

that

“[a]ll

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parties . . . have been served.” (Id. at 2:6.) However, Defendant

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John Henry has not appeared in the case, and Plaintiff does not

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indicate how he intends to prosecute this matter as to that

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defendant.

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Plaintiff shall take the steps necessary to prosecute

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this action as a default matter as to Defendant John Henry. No

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later

than

November

documents

16,

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John Henry and/or this action should not be dismissed for failure

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of

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dismissed with prejudice under Federal Rule of Civil Procedure

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

and/or

this

this

case

file

default matter or Show Cause in a writing filed why Defendant

defendant

prosecute

either

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This

to

shall

whatever

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required

Plaintiff

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prosecution.

are

2015,

action

as

may

a

be

Further, the status conference scheduled for hearing on

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October

26,

2015,

is

continued

to

commence

at

9:00

a.m.

on

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February 1, 2016. A status report shall be filed fourteen (14)

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days prior to the status conference in which Plaintiff shall

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explain the status of the default proceedings.1

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Dated:

October 20, 2015

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In the event Plaintiff has successfully joined the United States of
America as a defendant by the time the status report is required to be filed,
Plaintiff and the United States shall file a joint status report, which shall
address all pertinent subjects set forth in Local Rule 240.

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