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Scott N. Johnson v. Lt

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


April 14, 2011

SCOTT N. JOHNSON, PLAINTIFF,
v.
LT, GP, INDIVIDUALLY AND D/B/A GREEN LANTERN MOTEL DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

This matter was set for a status conference on April 21, 2011.*fn1 Plaintiff, who is an attorney, has requested that the status conference be continued thirty (30) days because plaintiff will be traveling out of the country and unable to attend the conference as originally scheduled. (Dkt. No. 13.) Plaintiff represents that such a continuance would also give the parties time to finalize a joint status report and to engage in settlement discussions. (Id.)

To date, defendant LT, GP, individually and doing business as Green Lantern Motel (the "defendant"), has not filed a status report and has not opposed plaintiff's request for a continuance. Accordingly, plaintiff's request for a continuance is granted and the status conference currently set for April 21, 2011, is vacated. The undersigned shall conduct a status (pretrial scheduling) conference in this matter on May 19, 2011.

Based on a review of the court's docket, it also appears that defendants filed a document styled as an "Answer" to plaintiff's complaint. (Dkt. No. 8.) That document is a letter addressed to plaintiff. The undersigned cautions defendant that filing such a letter with the court does not constitute a legally sufficient answer to the complaint. See Fed. R. Civ. P. 8. In filing an answer to the complaint, defendant must follow the Federal Rules of Civil Procedure and the court's Local Rules, the latter of which are available at the Office of the Clerk. A failure to do so could result in the entry of default and a default judgment against defendant.*fn2

For the reasons stated above, IT IS HEREBY ORDERED that:

1. The status (pretrial scheduling) conference currently set for April 21, 2011, is vacated.

2. The undersigned shall conduct a status (pretrial scheduling) conference in this matter on May 19, 2011, at 10:00 a.m., in Courtroom 25. All parties shall file status reports in accordance with Eastern District Local Rule 240(b), preferably a joint status report, at least 14 days in advance of the status (pretrial scheduling) conference. Failure to do so may result in the imposition of sanctions.

3. Defendant shall file an answer to plaintiff's complaint that accords with Federal Rule of Civil Procedure 8 within 14 days of service of this order. Failure to do so may result in the imposition of sanctions.

IT IS SO ORDERED.


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