Manning v. AIS Services

Filing 22

ORDER EXTENDING DEADLINE TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED; DIRECTIONS TO CLERK. Plaintiff's response, which must be in the form of a declaration signed under penalty of perjury, shall be filed not later than December 3, 2010. Signed by Judge Maxine M. Chesney on 11/15/10. (mmclc2, COURT STAFF) (Filed on 11/15/2010)

Manning v. AIS Services

Doc. 22

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 v. AIS SERVICES, Defendant / On September 7, 2010, the Court issued an Order to Show Cause ("OSC") directing plaintiff Tiera Manning to show cause, in writing and no later than September 21, 2010, why the above-titled action should not be dismissed in light of plaintiff's failure to appear as ordered at the Case Management Conference scheduled for September 3, 2010. Plaintiff did not respond to the OSC, but, instead, filed a motion for entry of default judgment on September 17, 2010. On September 24, 2010, the Court denied the motion for entry of default judgment as premature and found the motion to be an insufficient response to the OSC. Nonetheless, the Court extended plaintiff's time to respond to the OSC until October 7, 2010. The Court has been notified by the Clerk of the Court that service of the above orders was not accomplished at plaintiff's address of record as the mailing was returned by the United States Postal Service as undeliverable. Although plaintiff used a different TIERA MANNING, Plaintiff, No. C 10-2209 MMC ORDER EXTENDING DEADLINE TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED; DIRECTIONS TO CLERK United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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address in her September 17, 2010 motion, she did not file, and, to date, has not filed, a Notice of Change of Address. The Court reminds plaintiff that it is her responsibility to notify the Court and all opposing parties of any change in address while this action is proceeding. See Civil L. R. 3-11 (noting a party "must promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address"). Nonetheless, the Court will extend plaintiff's time to respond to the OSC. Plaintiff's response, which must be in the form of a declaration signed under penalty of perjury, shall be filed no later than December 3, 2010. The Clerk shall serve this order, as well as copies of the September 7, 2010 Order to Show Cause and the September 24, 2010 Order Extending Deadline to Show Cause Why Action Should Not be Dismissed, at the address provided by plaintiff in plaintiff's September 17, 2010 motion for entry of default judgment, specifically: 3100 Lumby Drive, Apt 716, Decatur, Georgia 30034, and shall substitute said address in place of plaintiff's current address of record. IT IS SO ORDERED.

Dated: November 15, 2010

MAXINE M. CHESNEY United States District Judge

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