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Scott N. Johnson v. European Massage Inc.

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


September 27, 2011

SCOTT N. JOHNSON,
PLAINTIFF,
v.
EUROPEAN MASSAGE INC., INDIVIDUALLY AND D/B/A SILVER HANDS MASSAGE; TATYANA KLIMOVETS, INDIVIDUALLY AND D/B/A MAGNOLOA MASSAGE; DEREK D. SKAIFE, INDIVIDUALLY AND AS TRUSTEE OF THE SKAIFE FAMILY TRUST FOR THE BENEFIT OF DEREK D. SKAIFE AND LINDA L. SKAIFE AND THEIR ISSUE UNDER INSTRUMENT DATE 9/12/2001; LINDA L. SKAIFE, INDIVIDUALLY AND AS TRUSTEE OF THE SKAIFE FAMILY TRUST FOR THE BENEFIT OF DEREK D. SKAIFE AND LINDA L. SKAIFE AND THEIR ISSUE UNDER INSTRUMENT DATE 9/12/2001, 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 September 19, 2011, "Defendant[] European Massage Inc. [is] currently in default[;] Plaintiff and Defendants Derek D. Skaife and Linda L. Skaife have settled their dispute[; and] Defendant Tatyana Klimovets was served and has until September 22, 2011 to respond." (ECF No. 15, 2:14-19.) A review of the docket shows Klimovets has not responded to Plaintiff's Complaint.

Therefore, Plaintiff shall take the steps necessary to prosecute this action as a default matter. Plaintiff shall either file whatever documents are required to prosecute this case as a default matter or Show Cause in a writing filed why this action should not be dismissed for failure of prosecution no later than 4:00 p.m. on November 14, 2011.

Further, the status conference scheduled for hearing on October 3, 2011, is continued to commence at 9:00 a.m. on December 12, 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.

20110927

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