Haefner v. Berlin

Filing 24

ORDER to Respond to 19 Order to Show Cause and to Personally Appear at Hearing. Signed by Magistrate Judge Donna M. Ryu on 05/24/2011. (dmrlc1, COURT STAFF) (Filed on 5/24/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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SCOTT HAEFNER,

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Plaintiff,
v.

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ORDER TO RESPOND TO ORDER TO
SHOW CAUSE AND TO PERSONALLY
APPEAR AT HEARING

GLORIA RHOADS BERLIN,

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No. C-11-00112 DMR

Defendant.
___________________________________/

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On April 25, 2011, the Court ordered Plaintiff to submit supplemental evidence in support of

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his Application for Default Judgment by no later than May 9, 2011. See Docket No. 17. Plaintiff

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did not submit the requested information. On May 13, 2011, the Court issued an Order to Show

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Cause in writing by May 23, 2011 why the case should not be dismissed for failure to prosecute.

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See Docket No. 19. On May 23, 2011, Plaintiff submitted the requested supplemental evidence in

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support of his Application but did not otherwise respond to the Order to Show Cause. See Docket

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Nos. 21-23. Therefore, the Court orders the following: by no later than May 31, 2011, Plaintiff

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shall respond in writing to the May 13, 2011 Order to Show Cause or the case may be dismissed.

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Further, given the paucity of evidence submitted supporting the amount of damages sought by

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Plaintiff, Plaintiff must personally appear at the June 9, 2011 hearing on his Application for Default

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Judgment to provide further testimony.

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Immediately upon receipt of this Order, Plaintiff shall serve a copy of this Order on

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Defendant and shall e-file a proof of service on the same day that service is effected. At the same

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time Plaintiff’s response to the Order to Show Cause as ordered herein is submitted to the Court,

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Plaintiff shall serve Defendant with a copy of the response and file a proof of service with the Court.

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Service by Plaintiff may be made by mail.

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IT IS SO ORDERED.

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Dated: May 24, 2011

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DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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