York, et al v. American Savings Network Inc., et al

Filing 29

ORDER signed by Judge Garland E. Burrell, Jr on 11/5/15. Plaintiff shall show cause in writing no later than 2/15/16, why this action should not be dismissed for failure of prosecution. The Status Conference scheduled for hearing on 11/9/15, is CONTI NUED to 5/9/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiffs shall file a Status Report no later than fourteen (14) days prior to the status conference, in which they explain the status of the default proceedings. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHYLLIS L. YORK, and JAMES B.
CARR,
Plaintiffs,

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v.

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No.

2:15-cv-00563-GEB-DAD

ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING) CONFERENCE

AMERICAN SAVINGS NETWORK,
INC. also known as AMERICAN
SAVINGS NETWORK, LLC; ANTHONY
DIEHL; and ROGER S. MORAN,

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Defendants.

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A Clerk’s Entry of Default has been entered as to each

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named

Defendant,

and

Plaintiffs

state

in

their

Status

Report

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filed October 21, 2015: “Default judgment hearings should be set

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against [each Defendant] . . . before the Magistrate Judge within

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90 days from . . . th[e November 9, 2015] status conference.”

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(Pls.’ Status Report 5:26-28, ECF No. 26.)

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Therefore, Plaintiffs shall file a motion for entry of

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default judgment as to each Defendant before the Magistrate Judge

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within ninety days of the date on which this Order is filed. If

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Plaintiff fails to timely file the motion(s), Plaintiff shall

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show cause in writing no later than February 15, 2016, why this

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action should not be dismissed for failure of prosecution. This

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action may be dismissed with prejudice under Federal Rule of

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

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Further, the status conference scheduled for hearing on

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November 9, 2015, is continued to commence at 9:00 a.m. on May 9,

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2016.

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fourteen (14) days prior to the status conference, in which they

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explain the status of the default proceedings.

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Plaintiffs

shall

file

a

IT IS SO ORDERED.
Dated:

November 5, 2015

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status

report

no

later

than