City of Summerside v. Sussmeier et al

Filing 118

ORDER DISCHARGING ORDER TO SHOW CAUSE; SCHEDULING STATUS CONFERENCE. The court schedules this case for a Status Conference on 9/27/2013 at 10:00 a.m. On or before 9/20/2013, Plaintiff shall file a brief Status Conference Statement. Plaintiff is advised that failure to file the Status Conference Statement as directed will result in the issuance of another Order to Show Cause for failure to comply with court orders. Signed by Judge Edward J. Davila on 7/22/2013. (ejdlc1, COURT STAFF) (Filed on 7/22/2013) (Additional attachment(s) added on 7/22/2013: # 1 Certificate of Service) (ecg, COURT STAFF).

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION CASE NO. 5:11-cv-00338 EJD CITY OF SUMMERSIDE, 11 ORDER DISCHARGING ORDER TO SHOW CAUSE; SCHEDULING STATUS CONFERENCE Plaintiff(s), For the Northern District of California United States District Court 10 12 13 v. KATRINA BERG SUSSMEIER, et. al., 14 Defendant(s). 15 16 / On July 2, 2013, the court ordered Plaintiff City of Summerside (“Plaintiff”) to show cause 17 why this case should not be dismissed after Plaintiff failed to file a Motion for Entry of Default 18 Judgment as ordered. See Docket Item No. 116. Pursuant to a prior order filed in this action, 19 Plaintiff was obligated to file the motion no later than June 28, 2013, for a scheduled hearing on 20 August 2, 2013. See Docket Item No. 115. The court further ordered that “[m]odification of these 21 deadlines will only be permitted through an administrative motion demonstrating good cause for the 22 change.” 23 Plaintiff filed a response to the Order to Show Cause on July 12, 2013. See Docket Item No. 24 117. According to Plaintiff, it was unable to file the motion as ordered due to a pending bankruptcy 25 action involving Defendant Katrina Berg Sussmeier (“Sussmeier”), which it believes must be 26 resolved before the a default judgment can be entered. 27 28 It does appear prudent to allow for the resolution of Sussmeier’s bankruptcy action before proceeding against the remaining defendants. However, the order requiring Plaintiff to file the 1 CASE NO. 5:11-cv-00338 EJD ORDER DISCHARGING ORDER TO SHOW CAUSE; SCHEDULING STATUS CONFERENCE 1 motion by a certain date was nonetheless a court order expected to be followed, and it contained a 2 specific directive in the event the deadline to file needed to be modified. Instead of filing an 3 administrative motion as contemplated by the court, Plaintiff did nothing. That was not an option. 4 To be sure, such inactivity leaves the court uninformed about the progress of this case and, in turn, 5 results in show cause orders. Accordingly, the Order to Show Cause issued July 2, 2013, is DISCHARGED. The court schedules 8 this case for a Status Conference on September 27, 2013, at 10:00 a.m. On or before September 9 20, 2013, Plaintiff shall file a brief Status Conference Statement which provides an update on the 10 statute of Sussmeier’s bankruptcy action as well as discusses Plaintiff’s readiness to file a Motion 11 For the Northern District of California In any event, the court finds that Plaintiff has demonstrated sufficient good cause as required. 7 United States District Court 6 for Entry of Default Judgment. Plaintiff is advised that failure to file the Status Conference 12 Statement as directed will result in the issuance of another Order to Show Cause for failure to 13 comply with court orders. 14 IT IS SO ORDERED. 15 16 Dated: July 22, 2013 EDWARD J. DAVILA United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 CASE NO. 5:11-cv-00338 EJD ORDER DISCHARGING ORDER TO SHOW CAUSE; SCHEDULING STATUS CONFERENCE

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