Johnson v. Waterloo Enterprises, Inc.

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/2017. Defendant shall file any opposition to 8 Motion for Default Judgment no later than 11/2/2017; Any reply brief shall be due 11/9/2017. Thereafter, the motion will be submitted for dec ision on the record and written briefing. If the court subsequently determines that supplemental briefing or oral argument is necessary, the parties will be notified. The 10/26/2017 hearing is VACATED. Plaintiff shall file an appropriate consent/decline designation no later than 11/2/2017. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. 2:16-cv-711-MCE-KJN

v.

ORDER

WATERLOO ENTERPRISES, INC.

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Defendant.

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Pending before the court is plaintiff’s motion for default judgment, which is presently set

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for hearing on October 26, 2017. (ECF Nos. 8, 9.) No opposition was filed in accordance with

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Local Rule 230(c). Nevertheless, out of abundance of caution, the court provides defendant with

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one, final opportunity to appear and oppose the motion, if it desires to do so.
Additionally, the court notes that plaintiff has not yet indicated whether or not he consents

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to the jurisdiction of a United States Magistrate Judge for all purposes pursuant to 28 U.S.C. §

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636(c). Importantly, plaintiff is under no obligation to consent, but the consent/decline

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designation merely assists the court in determining how the case will be administratively

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processed. Therefore, no later than November 2, 2017, plaintiff shall file an appropriate

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consent/decline designation.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendant shall file any opposition to the motion to default judgment no later than

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November 2, 2017. Any reply brief shall be due November 9, 2017. Thereafter, the

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motion will be submitted for decision on the record and written briefing pursuant to

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Local Rule 230(g). If the court subsequently determines that supplemental briefing or

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oral argument is necessary, the parties will be notified.

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2. The October 26, 2017 hearing is VACATED.

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3. No later than November 2, 2017, plaintiff shall file an appropriate consent/decline

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designation.
IT IS SO ORDERED.
Dated: October 16, 2017

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