Hammler v. Haas, et al.

Filing 28

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 7/28/2017 ORDERING Mr. Andrada to file and serve, within 14 days after the filing date of this order, a responsive pleading on behalf of defendant Haas and a verified statement showing cause for counsel's delay and demonstrating why sanctions should not be imposed. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,

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No. 2:15-cv-2266 AC P

v.

ORDER TO SHOW CAUSE

HAAS, et al.,

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Defendants.

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On July 17, 2017, counsel for defendant Haas (Mr. J. Randall Andrada) signed and mailed

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a “Waiver of Service of Summons,” which acknowledges in pertinent part that “an answer or

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motion under Rule 12” was to be filed in this court “within 60 days after 5/17/17,” the date the

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request for waiver was mailed. See ECF No. 27; see also Fed. R. Civ. P. 12(a)(1)(A)( ii). That

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deadline has passed, but counsel has not filed a responsive pleading on behalf of defendant Haas

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or otherwise communicated with the court. Failure to timely file a pleading responsive to

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plaintiff’s complaint renders defendant Haas vulnerable to default in this action. See Fed. R. Civ.

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P. 55.

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IT IS HEREBY ORDERED that, within fourteen (14) days after the filing date of this

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order, Mr. Andrada shall file and serve the following: (1) a responsive pleading on behalf of

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defendant Haas; and (2) a verified statement showing cause for counsel’s delay and

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demonstrating why sanctions should not be imposed pursuant to Rule 11(b), Federal Rules of
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Civil Procedure. See Fed. R. Civ. P. 11(c) (3). Failure of counsel to timely comply with this

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order shall result in the imposition of appropriate sanctions under Rule 11(c)(4).

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IT IS SO ORDERED.
DATED: July 28, 2017.

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