Johnson v. Aquino et al
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 6/17/2011 ORDERING that the status conference scheduled for hearing on June 27, 2011, is CONTINUED to to commence at 9:00 a.m. on October 17, 2011. A status report shall be filed fourteen (14) days prior to the status conference in which Plaintiff is required to explain the status of the default proceedings. (Duong, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Scott N. Johnson,
Plaintiff,
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v.
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Luis Aquino, Individually and
d/b/a Margaritas Restaurant;
Glady Aquino, Individually and
d/b/a Margaritas Restaurant;
Ramon Bravo,
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Defendants.
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2:11-cv-00646-GEB-GGH
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE; FED. R. CIV. P.
4(M) NOTICE
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Plaintiff states in his Status Report filed June 13, 2011 that
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he “has filed a Request for Clerk’s Entry of Default against Defendants
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Luis Aquino and Glady Aquino[, and] . . . anticipates a Motion for
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Default date in October 2011.” (ECF No. 8, 3:12-14.)
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Therefore, the referenced motion shall be filed and noticed
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for hearing before the appropriate judge within forty-five (45) days of
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the date on which this Order is filed. If Plaintiff fails to timely file
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this motion, Plaintiff shall show cause in a document filed no later
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than 4:00 p.m. on August 5, 2011, why these defendants should not be
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dismissed for failure of prosecution.
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Further, Plaintiff is notified under Rule 4(m) of the Federal
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Rules of Civil Procedure that Defendant Ramon Bravo may be dismissed as
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a defendant in this action unless Plaintiff provides proof of service,
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or “shows good cause for the failure” to serve this defendant within
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Rule 4(m)’s 120 day prescribed period, in a filing due no later than
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4:00 p.m. on July 11, 2011.
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Lastly, the status conference scheduled for hearing on June
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27, 2011, is continued to commence at 9:00 a.m. on October 17, 2011. A
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status report shall be filed fourteen (14) days prior to the status
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conference in which Plaintiff is required to explain the status of the
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default proceedings.
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IT IS SO ORDERED.
Dated:
June 17, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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