IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 23, 2011
SCOTT N. JOHNSON,
FRANK C. THOMAS, INDIVIDUALLY AND AS TRUSTEE OF THE THOMAS FAMILY 1991 TRUST; MARCELLA D. THOMAS, INDIVIDUALLY AND AS TRUSTEE OF THE THOMAS FAMILY 1991 TRUST, DEFENDANTS.
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 March 14, 2011: "Defendants have been served, but have not answered. A Request for Clerk's Entry of Default has been filed against Defendants. . . . Plaintiff has filed a request for Clerk's Entry of Default against Defendants and anticipates a motion date in August 2011." (ECF No. 9, 2:13-15, 3:12-14.)
Plaintiff shall file a motion for entry of default judgment before the Magistrate Judge within forty-five (45) days of the date on which this Order is filed. If Plaintiff fails to timely file the motion, Plaintiff shall show cause in writing no later than 4:00 p.m. on May 13, 2011, why this action should not be dismissed for failure of prosecution.
Further, the status conference scheduled for March 28, 2011, is continued to commence at 9:00 a.m. on August 29, 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.
IT IS SO ORDERED.
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