Chong's Produce, Inc v. Daniel

Filing 35

ORDER TO SHOW CAUSE. If Plaintiff does not, by June 25, 2015, file a motion for default judgment or otherwise demonstrate good cause in writing why this case should not be dismissed, the court will dismiss the action with prejudice pursuant to Fe deral Rule of Civil Procedure 41(b). No hearing will be held on the order to show cause unless otherwise ordered by the court. The hearing scheduled for June 25, 2015, is VACATED. Signed by Judge Edward J. Davila on 6/18/2015.(ecg, COURT STAFF) (Filed on 6/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHONG’S PRODUCE, INC.,

Case No. 5:14-cv-01242-EJD

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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REMON I. DANIEL,
Defendant.

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On April 20, 2015, this court issued an order requiring Plaintiff Chong’s Produce, Inc.

United States District Court
Northern District of California

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(“Plaintiff”) to move for entry of Defendant’s default on or before April 27, 2015. See Docket

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Item No. 32. The court also ordered Plaintiff to file a motion for default judgment on or before

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May 21, 2015, and scheduled a hearing on that anticipated motion for June 25, 2015. Id.

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Plaintiff only partially complied with the April 20th order. While Plaintiff moved for entry

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of Defendant’s default by the deadline imposed, Plaintiff did not file a timely motion for default

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judgment. Accordingly, the court hereby issues an order to show cause why this action should not

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be dismissed for failure to prosecute or for failure to comply with a court order. If Plaintiff does

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not, by June 25, 2015, file a motion for default judgment or otherwise demonstrate good cause in

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writing why this case should not be dismissed, the court will dismiss the action with prejudice

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pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held on the order to show

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cause unless otherwise ordered by the court.

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In light of this order, the hearing scheduled for June 25, 2015, is VACATED.

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IT IS SO ORDERED.
Dated: June 18, 2015
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EDWARD J. DAVILA
United States District Judge

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Case No.: 5:14-cv-01242-EJD
ORDER TO SHOW CAUSE