J&J Sports Productions, Inc v. Nguyen et al

Filing 56

ORDER TO SHOW CAUSE AND ORDER VACATING CASE MANAGEMENT CONFERENCE. Show Cause Response due by 12/9/2013. Order to Show Cause Hearing set for 12/19/2013 at 2:00 PM. Signed by Judge Jon S. Tigar on December 1, 2013. (wsn, COURT STAFF) (Filed on 12/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J&J SPORTS PRODUCTIONS, INC,

Case No. 11-cv-01154-JST

Plaintiff,
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ORDER TO SHOW CAUSE AND
ORDER VACATING CASE
MANAGEMENT CONFERENCE

v.
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DIAN THAO NGUYEN,
Defendant.

United States District Court
Northern District of California

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Default was entered against Defendant Dian Thao Nguyen a/k/a Diane Thao Nguyen on
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July 19, 2011. ECF No. 14. Plaintiff moved for entry of default judgment on August 30, 2011.
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ECF No. 18. Judge White denied the motion on November 29, 2011. ECF No. 22.
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More than two years have now passed, and Plaintiff has taken no further action to obtain
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judgment against Defendant Dian Thao Nguyen. The only other defendant has been dismissed
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from the action. ECF No. 54.
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Plaintiff is therefore ORDERED TO SHOW CAUSE why this Court should not dismiss
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Defendant Dian Thao Nguyen with prejudice because of Plaintiff’s failure to prosecute its claims
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against her. A court has authority to dismiss an action involuntarily where the plaintiff fails “to
prosecute or to comply with . . . any order of court.” Fed. R. Civ. Proc. 41.

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Plaintiff is ordered to file a response to this Order by December 9, 2013. The Court will
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hold a hearing on the motion on December 19, 2013 at 2:00 p.m. If the action has been dismissed
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in its entirety by that time, the hearing will be vacated.
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The Case Management Conference scheduled for December 4, 2013 is VACATED.

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IT IS SO ORDERED.

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Dated: December 1, 2013
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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