Johnson v. Express Auto Clinic, Inc. et al

Filing 59

SECOND ORDER TO SHOW CAUSE. Show Cause Response due by 5/8/2019. Motion Hearing on 55 Plaintiff's Motion for Default Judgment set for 6/6/2019 at 01:30 PM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 5/1/2019. (kawlc2S, COURT STAFF) (Filed on 5/1/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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SECOND ORDER TO SHOW CAUSE

v.

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Re: Dkt. No. 55

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EXPRESS AUTO CLINIC, INC., et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 18-cv-00464-KAW

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On April 5, 2019, Plaintiff filed a motion for default judgment. (Dkt. No. 55.) On April 8,

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2019, the Court issued an order stating that if Defendant failed to file an opposition by the

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deadline under Civil Local Rule 7, Plaintiff was to file and e-mail a proposed order by the reply

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deadline. (Dkt. No. 57.) The proposed order was to be structured as outlined in Attachment A to

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the November 19, 2018 order, and “include all relevant legal authority and analysis necessary to

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establish the case.” (Id.)
As no opposition was filed, Plaintiff's proposed order was due by April 26, 2019. As of

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the date of this order, Plaintiff has not submitted the proposed order or provided a chambers copy

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of the motion for default judgment. The Court notes this is the second case in which Plaintiff has

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failed to provide the proposed order and chambers copy, as required by the Court’s order. (See

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Johnson v. RK Investment Properties, Inc., Case No. 18-cv-1132-KAW, Dkt. No. 17.)

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Accordingly, the Court ORDERS Plaintiff to show cause why Plaintiff should not be sanctioned

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for failing to comply with Court orders by: (1) submitting the proposed order, (2) providing a

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chambers copy of the motion for default judgment, and (3) explaining why Plaintiff has not

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complied with the Court's orders. Plaintiff's response is due by May 8, 2019.

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The Court CONTINUES the hearing on the motion for default judgment to June 6, 2019.

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IT IS SO ORDERED.

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Dated: May 1, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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