Sidiakina et al v. Bertoli et al

Filing 34

ORDER DISCHARGING ORDER TO SHOW CASE AND DENYING APPLICATION FOR ENTRY OF DEFAULT JUDGMENT. Signed by Judge JEFFREY S. WHITE on 8/31/11. (jjoS, COURT STAFF) (Filed on 8/31/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NATALIA SIDIAKINA and SHERRYL
BAECKEL,

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No. C 10-03157 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
ORDER DISCHARGING ORDER
TO SHOW CAUSE AND
DENYING APPLICATION FOR
ENTRY OF DEFAULT
JUDGMENT

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JAMES G. BERTOLI, JUDGE, ET AL.,
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Defendants.
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On July 19, 2011, this Court issued an order to show caused to Plaintiffs as to why this

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case should not be dismissed for failure to prosecute. The Court admonished Plaintiffs that

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failure to respond to the order would result in dismissal. The Court has received Plaintiff

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Natalia Sidiakina’s response and accordingly does not dismiss her action. Having not received

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any response – or any filing whatsoever – from Plaintiff Sherryl Baeckel, her claims are

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dismissed with leave to amend. The order to show cause dated July 19, 2011 is HEREBY

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DISCHARGED.
Plaintiff Sidiakina has also filed an application for entry of default judgment. Having

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provided for service of the second amended complaint by granting Plaintiff’s application to

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proceed in forma pauperis, the Court finds that the Defendants are now properly served.

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However, because of the repeated delays in filing and prosecution of this matter, the Court does

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not find entry of default judgment against Defendants to be appropriate. Accordingly, the Court

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DENIES Plaintiff Sidiakina’s application for entry of default. However, the matter is stayed
and

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any response to the operative complaint shall not be due until after the Court is able to conduct

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a case management conference to discuss the issues raised in this matter.

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Accordingly, and as requested by Plaintiff, the Court sets a case management

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conference for December 16, 2011 at 1:30 p.m. The parties shall submit case management

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conference statements by no later than December 9, 2011. The Court shall not continue this

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matter further and any continued failure to prosecute shall result in dismissal.

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IT IS SO ORDERED.

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Dated: August 31, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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NATALIA SIDIAKINA et al,

Case Number: CV10-03157 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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JAMES G. BERTOLI et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on August 31, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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16 Natalia A. Sidiakina
P.O. Box 1187
17 Tiburon, CA 94920
18 Sherryl Baeckel
10520 Village Road
19 Moreno Valley, CA 92557
20 Dated: August 31, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk