Johnson v. Ram et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/11 ORDERING that on or before 12/2/11, defendant Shadi Ram shall file an amended answer to plaintiff's complaint; on or before 12/2/11, defendant Avtar Chamber shall file an answer to p laintiff's complaint; on or before 12/2/11, defendant Shadi Ram shall file a notice with the court, preferably on the form that accompanied the Order Setting Status Conference in this case (see Dkt. No. 4, Doc. No. 4-2), whether he consents to or declines the jurisdiction of the magistrate judge. (Becknal, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT N. JOHNSON, 11 Plaintiff, 12 13 14 15 No. 2:11-cv-01322 KJM KJN PS v. SHADI RAM, Individually and d/b/a One Stop Mart; AVTAR CHAMBER, Individually and d/b/a One Stop Mart; RAM MARKETS, Inc., a California Corporation, 16 Defendants. ORDER / 17 18 On October 21, 2011, the undersigned entered an Order and Status (Pretrial 19 Scheduling) Order (“Scheduling Order”) in this case (Dkt. No. 16).1 The Scheduling Order did 20 not set a date for either the final pretrial scheduling conference or the trial in this case because the 21 court lacked information required to properly set those dates. Accordingly, the Scheduling Order 22 required that on or before November 10, 2011: (1) “defendant Shadi Ram shall file an amended 23 answer with the court”; (2) “defendant Avtar Chamber shall file an answer with the court”; 24 (3) “all parties shall file a notice with the court, preferably on the form that accompanied the 25 1 26 This action proceeds before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). 1 1 Order Setting Status Conference in this case (see Dkt. No. 4, Doc. No. 4-2), whether they consent 2 to or decline the jurisdiction of the magistrate judge.” (Scheduling Order at 10.) 3 A review of the court’s docket reveals that some of the parties have not complied 4 with the court’s Scheduling Order. First, defendant Shadi Ram did not file an amended answer 5 to the complaint on or before November 10, 2011. Second, defendant Avtar Chamber did not 6 file an answer to the complaint on or before November 10, 2011. Third, although plaintiff and 7 Mr. Chamber filed notices consenting to the jurisdiction of the magistrate judge (Dkt. Nos. 17, 8 19), Mr. Ram has not filed a notice indicating whether he consents to the jurisdiction of the 9 magistrate judge.2 By this order, the undersigned provides Mr. Ram and Mr. Chamber with 10 additional time to comply with the Scheduling Order. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. 13 On or before December 2, 2011, defendant Shadi Ram shall file an amended answer to plaintiff’s complaint. 14 2. On or before December 2, 2011, defendant Avtar Chamber shall file an 15 answer to plaintiff’s complaint. 16 3. On or before December 2, 2011, defendant Shadi Ram shall file a notice 17 with the court, preferably on the form that accompanied the Order Setting Status Conference in 18 this case (see Dkt. No. 4, Doc. No. 4-2), whether he consents to or declines the jurisdiction of the 19 magistrate judge. 20 21 IT IS SO ORDERED. DATED: November 14, 2011 22 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 23 24 25 2 26 On November 9, 2011, Mr. Ram and Mr. Chamber filed an updated status report with the court (Dkt. No. 18). The court did not require such a filing. 2

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