E.B. Stone & Son, Inc. v. Yeaman Machine Technologies, Inc.

Filing 11

ORDER signed by Judge Garland E. Burrell, Jr., on 11/5/15 ORDERING that Plaintiff shall file a motion for entry of default judgment before the Magistrate Judge within 30 days of the date on which this Order is filed. The Status Conference is CONTI NUED to 4/25/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Plaintiff shall file a status report no later than 14 days prior to the status conference, in which it explains the status of the default proceedings. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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E.B. STONE & SON, INC., a
California corporation,
Plaintiff,

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2:15-cv-01828-GEB-CKD

ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING) CONFERENCE

v.

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No.

YEAMAN MACHINE TECHNOLOGIES,
INC., and DOES 1 through 50,
inclusive,
Defendant.

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Plaintiff states in its Amended Status Report1 filed

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November 5, 2015: “Defendant YEAMAN has been served with process,

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has

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default has been entered in the action. Plaintiff will proceed

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with an application for a default judgment.” (Pl.’s Am. Status

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Report 2:21-24, ECF No. 9.)

failed

to

plead

Plaintiff

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or

shall

otherwise

file

a

defend

motion

the

for

action

entry

of

and

its

default

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judgment before the Magistrate Judge within thirty days of the

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date on which this Order is filed. If Plaintiff fails to timely

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file the motion, Plaintiff shall show cause in writing no later

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than December 11, 2015, why this action should not be dismissed

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Plaintiff provides no justification for the untimely filing of its
Status Report or Amended Status Report. Plaintiff is notified that sanctions,
including monetary sanctions, may be imposed for an unjustified late filing of
a status report.

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for failure of prosecution. This action may be dismissed with

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prejudice

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Plaintiff fails to timely respond to this Order.

under

Federal

Rule

of

Civil

Procedure

41(b)

if

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Further, the status conference scheduled for hearing on

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November 6, 2015, is continued to commence at 9:00 a.m. on April

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25, 2016.

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

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explains the status of the default proceedings.

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Plaintiff shall file a status report no later than

IT IS SO ORDERED.
Dated:

November 5, 2015

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