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Scott N. Johnson v. Frank C. Thomas

March 23, 2011

SCOTT N. JOHNSON,
PLAINTIFF,
v.
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.

20110323

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