Demerson v. Woodford et al
Filing
91
ORDER Requiring Defendants Gregory and Hillard to SHOW CAUSE Within Thirty Days Why Default Should Not Be Entered Against Them re 85 & 86 ; ORDER DIRECTING Clerk's Office to Serve Courtesy Copy on Litigation Office at CSATF and on CDCR Legal Affairs, signed by Magistrate Judge Sheila K. Oberto on 6/7/2011. Show Cause Response due by 7/11/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD DEMERSON,
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CASE NO. 1:08-cv-00144-LJO-SKO PC
Plaintiff,
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ORDER REQUIRING DEFENDANTS
GREGORY AND HILLARD TO SHOW
CAUSE WITHIN THIRTY DAYS
WHY DEFAULT SHOULD NOT BE
ENTERED AGAINST THEM
v.
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JEANNE S. WOODFORD, et al.,
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Defendants.
(Docs. 85 and 86)
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ORDER DIRECTING CLERK’S OFFICE TO
SERVE COURTESY COPY ON LITIGATION
OFFICE AT CSATF AND ON CDCR LEGAL
AFFAIRS
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/
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On May 12, 2011, the United States Marshal effected personal service on Defendants
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Gregory and Hillard, along with Defendants Amaro, Bardonnex, Campose, Cartagena, Clausing,
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Munoz, and Philips. Defendants’ response to Plaintiff’s second amended complaint was due on or
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before June 6, 2011. Fed. R. Civ. P. 12(a), 6(d). On June 2, 2011, Defendants Amaro, Bardonnex,
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Campose, Cartagena, Clausing, Munoz, and Philips sought an extension of time to file a response
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to Plaintiff’s second amended complaint, which was granted. However, Defendants Gregory and
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Hillard did not join in the request1 and did not make an appearance.
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Although counsel included an explanatory footnote, the record indicates that Defendants were personally
served and the presumption that proper service was effected cannot be overcome by a footnote.
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Accordingly, it is HEREBY ORDERED that:
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1.
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Within thirty (30) days from the date of service of this order, Defendants Gregory
and Hillard shall show cause why default should not be entered against them;
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2.
To facilitate their ability to comply with this order, Defendants Gregory and Hillard’s
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obligation to respond to the second amended complaint is extended thirty (30) days
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from the date of service of this order; and
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3.
The Clerk’s Office shall serve a courtesy copy of this order on the Litigation Office
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at the California Substance Abuse Treatment Facility and on the Legal Affairs
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Division of the California Department of Corrections and Rehabilitation.
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IT IS SO ORDERED.
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Dated:
ie14hj
June 7, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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