J & J Sports Productions, Inc. v. Hernandez

Filing 11

ORDER signed by Judge Garland E. Burrell, Jr on 3/25/10 Continuing Status (Pretrial Scheduling) Conference. Plaintiff shall file a motion for default judgment or SHOW CAUSE in writing by 4/30/10 at 4:00 p.m, why this case should not be dismissed for failure to prosecute. The Status Conference is continued to 5/24/10 at 9:00 a.m. (Donati, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff states in its Status Report ("SR") filed March 12, 2010, that "on March 11, 2010, the Clerk of the Court entered a default against Defendant Juan Jose Hernandez [("Hernandez")] pursuant to Plaintiff's request." (SR 2:12-13.) Plaintiff, v. JUAN JOSE HERNANDEZ, INDIVIDUALLY and d/b/a MAZATLAN TACOS Y MARISCOS aka MARISCOS MAZATLAN, Defendant. J&J SPORTS PRODUCTIONS, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-03389-GEB-KJN ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA however, has not addressed prosecuting a default matter before the Magistrate Judge as prescribed in a local rule, and indicates this case is to be scheduled as though it is not a default matter. Plaintiff shall either file a motion for default judgment no later than 4:00 p.m. on April 30, 2010, or Show Cause in writing filed no later than 4:00 p.m. on April 30, 2010, why this case should not be dismissed for failure of prosecution. If a hearing is requested on the Show Cause issue concerning the question of whether this case should be dismissed for failure of prosecution, it will be held on 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 May 24, 2010, at 9:00 a.m., just prior to the status conference, which is rescheduled to that date and time. A status report shall be filed fourteen (14) days prior to the status conference in which Plaintiff is only required to explain the status of the default judgment. Dated: March 25, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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