Filed: Nov. 01, 2016
Latest Update: Nov. 01, 2016
Summary: ORDER TO THE PLAINTIFFS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR THEIR FAILURE TO PROSECUTE THIS ACTION AND SEEK DEFAULT AGAINST THE DEFENDANTS ORDER TO THE DEFENDANTS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR THEIR FAILURE TO FILE A RESPONSIVE PLEADING JENNIFER L. THURSTON , Magistrate Judge . Beardsley School District, Paul Miller and David Hilton removed this case to this Court on August 19, 2016. (Doc. 1) Ms. Hooker joined in the removal. Id. at 2. The notice
Summary: ORDER TO THE PLAINTIFFS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR THEIR FAILURE TO PROSECUTE THIS ACTION AND SEEK DEFAULT AGAINST THE DEFENDANTS ORDER TO THE DEFENDANTS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR THEIR FAILURE TO FILE A RESPONSIVE PLEADING JENNIFER L. THURSTON , Magistrate Judge . Beardsley School District, Paul Miller and David Hilton removed this case to this Court on August 19, 2016. (Doc. 1) Ms. Hooker joined in the removal. Id. at 2. The notice ..
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ORDER TO THE PLAINTIFFS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR THEIR FAILURE TO PROSECUTE THIS ACTION AND SEEK DEFAULT AGAINST THE DEFENDANTS
ORDER TO THE DEFENDANTS TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR THEIR FAILURE TO FILE A RESPONSIVE PLEADING
JENNIFER L. THURSTON, Magistrate Judge.
Beardsley School District, Paul Miller and David Hilton removed this case to this Court on August 19, 2016. (Doc. 1) Ms. Hooker joined in the removal. Id. at 2. The notice of removal did not provide any evidence that any of the defendants filed responsive pleadings in the Kern County Superior Court and review of that docket verifies that this has not happened.1
Despite that the original complaint was served on the defendants in July 2016, no defendant has filed a responsive pleading. Moreover, the plaintiffs filed a first amended complaint in this Court on September 23, 2016 but, once again, no defendant has filed a responsive pleading to this filing either. Finally, despite the apparent default by the defendants, the plaintiffs have not sought entry of default. Due to these failures, it is apparent the Court will not be able to conduct the scheduling conference currently set on November 21, 2016. (Doc. 1) Therefore, the Court ORDERS:
1. The scheduling conference is CONTINUED to December 21, 2016;
2. No later than November 22, 2016, the plaintiffs SHALL show cause in writing why sanctions should not be imposed for their failure to prosecute this action including seeking the entry of default;
3. No later than November 22, 2016, the defendants SHALL show cause in writing why sanctions should not be imposed for their failure to file a responsive pleading. Alternatively, within this same timeframe, they may file a responsive pleading.
IT IS SO ORDERED.
