Franklin et al v. Allstate Corporation et al

Filing 253

ORDER TO SHOW CAUSE. Plaintiffs are ordered to show cause, in writing and no later than January 16, 2009, why all claims against Granlund should not be dismissed, pursuant to Rule 41(b), for failure to prosecute. If plaintiffs fail to provide a timely response showing good cause, the claims against Granlund will be dismissed pursuant to Rule 41(b). Signed by Judge Maxine M. Chesney on December 24, 2008. (mmclc2, COURT STAFF) (Filed on 12/24/2008)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 10, 2008, the Court ordered plaintiffs to file, no later than December 26, 2008, a supplement to their "Motion for Entry of Default Judgment of Roy David Granlund," filed October 8, 2008, as amended November 4, 2008. On December 23, 2008, plaintiffs withdrew the above-referenced motion. The history of the action against said defendant is as follows: The Clerk entered default against Roy David Granlund ("Granlund") on March 17, 2008, over nine months ago. On July 30, 2008, a date more than four months after the entry of default, the Court ordered plaintiffs to show cause why their claims against Granlund should not be dismissed, pursuant to Federal Rule of Civil Procedure 41(b), for failure to prosecute. On August 11, 2008, plaintiffs responded to the Court's Order to Show Cause ("OSC"), and on August 19, 2008, the Court ordered plaintiffs to file, no later than October 15, 2008, a motion for default judgment with respect to Granlund. v. ALLSTATE CORPORATION, et al., Defendants. / LaRELL FRANKLIN, et al., Plaintiffs, No. C-06-1909 MMC ORDER TO SHOW CAUSE United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The motion for default judgment having been withdrawn, plaintiffs are hereby ORDERED TO SHOW CAUSE, in writing and no later than January 16, 2009, why all claims against Granlund should not be dismissed, pursuant to Rule 41(b), for failure to prosecute. If plaintiffs fail to provide a timely response showing good cause, the claims against Granlund will be dismissed pursuant to Rule 41(b). IT IS SO ORDERED. Dated: December 24, 2008 MAXINE M. CHESNEY United States District Judge 2

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