Johnson v. The Burke Company, LLC et al

Filing 51

ORDER signed by District Judge Kimberly J. Mueller on 4/3/18. The court ORDERS Plaintiff to SHOW CAUSE within fourteen (14) days (1) why this court should not sanction Plaintiff $250.00 for failing to heed the court's instruction; and/or (2) why the court should not dismiss this case against defendant Raffs for failure to prosecute. (Mena-Sanchez, L)

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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-02881 KJM AC

ORDER

v.
THE BURKE COMPANY, LLC, a
California Limited Liability Company;
RODELYN GARGANTILLA RAFFS;
DEOK NAM KIM; JAE JUNG KIM;
ISABEL U. RODRIGUEZ; MOSES
ELIMAR RODRIGUEZ; and DOES 1-10,

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Defendants.

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All but one defendant has been terminated from this case. See ECF Nos. 44, 50.

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The Clerk entered default against the sole remaining defendant, Rodelyn Gargantilla Raffs, over a

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year ago, ECF No. 20 (Mar. 8, 2017), yet plaintiff has since taken no action regarding this

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defendant. To keep this case moving, the court issued a minute order on September 25, 2017,

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directing plaintiff to file a declaration as to the status of defendant Raffs or a motion for default

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judgment against defendant Raffs by October 6, 2017, and warning that failure to heed this

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instruction may result in sanctions. ECF No. 46. Plaintiff did neither.

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The court therefore ORDERS plaintiff to SHOW CAUSE within fourteen (14)

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days (1) why this court should not sanction plaintiff $250.00 for failing to heed the court’s

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instruction; and/or (2) why the court should not dismiss this case against defendant Raffs for

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failure to prosecute.

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DATED: April 3, 2018.

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UNITED STATES DISTRICT JUDGE

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