Rinderknecht v. Carey Law Firm

Filing 18

SCHEDULING ORDER. Plaintiff shall file a motion for default judgment on or before 09/09/10, or this case shall be dismissed for failure to prosecute. Signed by Judge Thelton E. Henderson on 09/02/10. (tehlc3, COURT STAFF) (Filed on 9/2/2010)

Rinderknecht v. Carey Law Firm

Doc. 18

1 2 3 4 5 6 7 8 9 10 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CARRIE RINDERKNECHT, Plaintiff, NO. C10-0789 TEH SCHEDULING ORDER Defendant.

CAREY LAW FIRM,

United States District Court

11
For the Northern District of California

At the August 9, 2010 case management conference, this Court denied Plaintiff's

12 motion to enforce settlement and ordered Plaintiff to seek entry of default and file, in 13 accordance with the Local Rules, a motion for default judgment to be heard on either 14 September 20 or 27, 2010. The deadline for filing the motion for default judgment was 15 therefore August 23, 2010. See Civ. L.R. 7-2(a) (motions to be noticed for hearing "not less 16 than 35 days after service of the motion"). 17 Plaintiff sought entry of default on August 10, and default was entered by the Clerk on

18 August 12. However, Plaintiff has, to date, failed to file a motion for default judgment, and 19 the deadline for doing so has now passed. While the Court could impose sanctions for 20 counsel's failure to meet this deadline, it opts not to do so in this instance. Instead, IT IS 21 HEREBY ORDERED that Plaintiff shall file a motion for default judgment on or before 22 September 9, 2010, and noticed for hearing on October 18, 2010, at 10:00 AM. If no timely 23 motion is filed, then this case shall be dismissed for failure to prosecute. 24 25 IT IS SO ORDERED. 26 27 Dated: 09/02/10 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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