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G & G CLOSED CIRCUIT EVENTS, LLC v. SHAHEN, 2:10-cv-00814 GEB KJN. (2012)

Court: District Court, E.D. California Number: infdco20120427723 Visitors: 4
Filed: Apr. 26, 2012
Latest Update: Apr. 26, 2012
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. On November 3, 2011, the court heard plaintiff's motion for default judgment (Dkt. No. 26). 1 The court submitted plaintiff's motion, but permitted plaintiff to file a supplemental brief addressing discrepancies or issues raised by the record in this case that precluded the entry of a default judgment. Plaintiff was required to file such supplemental briefing on or before December 5, 2011. Plaintiff failed to timely file its supplemental brief. Acco
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ORDER

KENDALL J. NEWMAN, Magistrate Judge.

On November 3, 2011, the court heard plaintiff's motion for default judgment (Dkt. No. 26).1 The court submitted plaintiff's motion, but permitted plaintiff to file a supplemental brief addressing discrepancies or issues raised by the record in this case that precluded the entry of a default judgment. Plaintiff was required to file such supplemental briefing on or before December 5, 2011.

Plaintiff failed to timely file its supplemental brief. Accordingly, on December 20, 2011, the court ordered plaintiff to show cause why: "(1) [plaintiff] failed to file the supplemental briefing authorized by the court; (2) [plaintiff] or its counsel should not be sanctioned for such failure; and (3) why plaintiff's action should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b)." (Order to Show Cause ("OSC"), at 1-2 (footnote omitted), Dkt. No. 34.)

Plaintiff filed a timely response to the OSC, and also filed the above-referenced supplemental brief (Dkt. No. 36). Upon review of the contrite Declaration of Thomas P. Riley In Response To This Court's Order to Show Cause (Dkt. No. 36, Doc. No. 36-2), the undersigned concludes that plaintiff should not be sanctioned for its failure to timely file its supplemental brief. Although plaintiff's failure was the result of a calendaring error caused by a staffing change in its counsel's office, plaintiff and its counsel are cautioned to carefully calendar all filing deadlines. As plaintiff's counsel frequently appears in this court by telephone, it seems that, where as here, the court provides a filing deadline during the hearing, immediate calendaring of that deadline requires minimum effort.

Accordingly, IT IS HEREBY ORDERED that the Order to Show Cause filed on December 20, 2012, is discharged.

IT IS SO ORDERED.

FootNotes


1. This action proceeds before the undersigned pursuant to Eastern District of California Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).
Source:  Leagle

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