Shaw v. Villa et al

Filing 18

ORDER TO SHOW CAUSE. Signed by Judge Edward J. Davila on 09/10/2020. (ejdlc2, COURT STAFF) (Filed on 9/10/2020)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 CECIL EUGENE SHAW, Case No. 5:19-cv-00506-EJD Plaintiff, 9 ORDER TO SHOW CAUSE v. 10 United States District Court Northern District of California 11 IRVING M. VILLA; RUFINO VASQUEZ; and Does 1-10, Defendants. 12 13 On April 1, 2019, the Clerk issued a Notice Entry of Default as to the sole remaining 14 defendant, Irving M. Villa. See Dkt. Nos. 12, 14. To date, Plaintiff has not applied to the court 15 for a default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). 16 Accordingly, the court hereby issues an Order to Show Cause why this action should not 17 be dismissed for failure to prosecute. If Plaintiff does not, by September 24, 2020, file a motion 18 for default judgment or otherwise demonstrate good cause in writing why this action should not be 19 dismissed, the court will dismiss the action with prejudice pursuant to Federal Rule of Civil 20 Procedure 41(b). No hearing will be held on the Order to Show Cause unless otherwise ordered 21 by the court. 22 23 24 IT IS SO ORDERED. Dated: September 10, 2020 25 ______________________________________ EDWARD J. DAVILA United States District Judge 26 27 28 Case No.: 5:19-cv-00506-EJD ORDER TO SHOW CAUSE 1

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