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Kenyon v. Professional Control

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 8, 2009

ERIC KENYON, PLAINTIFF,
v.
PROFESSIONAL CONTROL, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER CONTINUING STATUS (PRETRIAL ) SCHEDULING CONFERENCE

Plaintiff states in his Status Report filed September 16, 2009 he "anticipates filing a Request for Entry of Default, [and a] Motion for Entry of Default Judgment . . . ." Plaintiff filed a Request for Entry of Default on September 29, 2009 and the Clerk of Court filed an Entry of Default on October 2, 2009. Since Plaintiff did not provide a specified date for filing the referenced motion for default judgment ("motion"), he shall file the motion before the Magistrate Judge no later than 4:00 p.m. on November 2, 2009.

If Plaintiff fails to timely file the motion, Plaintiff shall show cause in writing no later than 4:00 p.m. on November 2, 2009 why this action should not be dismissed for failure of prosecution.

Therefore, the status conference scheduled for October 19, 2009, is continued to commence at 9:00 a.m. on November 16, 2009. 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.

20091008

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