IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 8, 2009
ERIC KENYON, PLAINTIFF,
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.
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