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Johnson v. MAS Wireless of California LLC, 19-cv-02719-SVK. (2020)

Court: District Court, N.D. California Number: infdco20200131885 Visitors: 5
Filed: Jan. 30, 2020
Latest Update: Jan. 30, 2020
Summary: ORDER TO SHOW CAUSE SUSAN VAN KEULEN , Magistrate Judge . On May 20, 2019, Scott Johnson ("Plaintiff") filed the instant action against 3110 Story, LLC ("Defendant 3110 Story") and MAS Wireless of California LLC ("Defendant MAS"). Dkt. 1. Plaintiff consented to the jurisdiction of the undersigned on May 22, 2019. Dkt. 7. Plaintiff served Defendant 3110 Story on June 9, 2019 ( see Dkt. 9) and an answer was filed on July 18, 2019. Dkt. 11. Defendant 3110 Story consented to the jurisdiction o
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ORDER TO SHOW CAUSE

On May 20, 2019, Scott Johnson ("Plaintiff") filed the instant action against 3110 Story, LLC ("Defendant 3110 Story") and MAS Wireless of California LLC ("Defendant MAS"). Dkt. 1. Plaintiff consented to the jurisdiction of the undersigned on May 22, 2019. Dkt. 7. Plaintiff served Defendant 3110 Story on June 9, 2019 (see Dkt. 9) and an answer was filed on July 18, 2019. Dkt. 11. Defendant 3110 Story consented to the jurisdiction of the undersigned on October 11, 2019. Dkt. 23. On January 7, 2020, Plaintiff and Defendant 3110 Story filed a joint stipulation for dismissal. Dkt. 30.

Plaintiff served Defendant MAS on July 4, 2019 (see Dkt. 10); Defendant MAS has not responded or otherwise appeared in this matter. See generally Docket. On August 26, 2019, Plaintiff moved for an entry of default as to Defendant MAS (Dkt. 14), and the Clerk subsequently entered default against Defendant MAS on August 28, 2019. Dkt. 15. Plaintiff has not moved for default judgment in the nearly five months since.

Accordingly, the Court ORDERS Plaintiff to show cause why this action should not be dismissed for failure to prosecute. If Plaintiff wishes to proceed with this action, he must either file a motion for default judgment by February 14, 2020 or appear at a show cause hearing on Tuesday, February 18 at 10:00 a.m. Failure to respond to this Court's order will result in this Court ordering that the case be reassigned to a district judge with a recommendation that it be dismissed with prejudice.

SO ORDERED.

Source:  Leagle

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