Merchants Bonding Company (Mutual) v. D&S Painting, Inc. et al

Filing 19

ORDER TO SHOW CAUSE. Plaintiff to move for default by 5/24/2017. Signed by Judge Nathanael Cousins on 5/10/2017. (lmh, COURT STAFF) (Filed on 5/10/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MERCHANTS BONDING COMPANY (MUTUAL), 7 8 9 Plaintiff, Case No. 17-cv-00610-NC ORDER TO SHOW CAUSE v. D&S PAINTING, INC., et al., 10 Defendants. United States District Court Northern District of California 11 12 Defendants in this case having failed to appear at the case management conference on May 13 10, 2017, and having failed to respond to numerous summons notices, Dkt. Nos. 10-14, and 14 plaintiff having failed to file for default, 15 THE COURT hereby issues an ORDER TO SHOW CAUSE why plaintiff’s claims should 16 not be dismissed for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil 17 Procedure. 18 The deadline for plaintiff to move for default is May 24, 2017. If plaintiff fails to move by 19 that deadline, the case will be dismissed for failure to prosecute. No default need be filed if 20 defendants have appeared by May 24, 2017. 21 A further case management conference is scheduled for June 14, 2017, at 10:00 a.m. in 22 Courtroom 7, 4th Floor, U.S. District Court, 280 S. First Street, San Jose, California. An updated 23 cases management statement is due June 7, 2017. If defendants appear, they also must consent or 24 decline the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c). 25 26 27 28 IT IS SO ORDERED. Dated: May 10, 2017 ______________________________________ NATHANAEL M. COUSINS United States Magistrate Judge

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