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Erasmus v. Chien

United States District Court, Eastern District of California
Nov 9, 2021
1:21-cv-01256-AWI-SAB (E.D. Cal. Nov. 9, 2021)

Opinion

1:21-cv-01256-AWI-SAB

11-09-2021

MEGAN D. ERASMUS, Plaintiff, v. ALLEN T. CHIEN, D.D.S., et al., Defendants.


ORDER CONTINUING SCHEDULING CONFERENCE TO JANUARY 13, 2022 AT 10:00 A.M.

On August 19, 2021, Plaintiff Megan D. Erasmus filed this action pursuant to the Americans with Disabilities Act. (ECF No. 1.) Summonses were issued on the same date. (ECF Nos. 2, 3.) There is currently a mandatory initial scheduling conference set in this action for November 19, 2021, before the undersigned. (ECF No. 4.) Because no proofs of service were returned, on November 4, 2021, the Court issued an order requiring Plaintiff to file a notice informing the Court of the status of service, and addressing the readiness for the mandatory scheduling conference. (ECF No. 5.) On November 4, 2021, Plaintiff returned executed waivers dated October 25, 2021, and indicating answers are due on December 27, 2021. (ECF Nos. 6, 7, 8, 9, 10.) Plaintiff's counsel did not file any status report specifically addressing the readiness for the scheduling conference, however, it appears given the filed waivers, a continuance is necessary.

While the Court will not issue an order to show cause in this action, the Court is doing so in a similar action filed by this same Plaintiff and counsel, Erasmus v. Dunlop, 21-cv-01236-AWI-SAB, where counsel failed to file any sort of response to the Court's order requiring a status report. The Court reminds counsel that when a status report is requested, one should be filed addressing the matters requested to be addressed, instead of, as here, simply filing the waivers of service and leaving the Court to determine the proper course of action.

Accordingly, IT IS HEREBY ORDERED that the scheduling conference currently set for November 19, 2021, is CONTINUED to January 13, 2022, at 10:00 a.m.

IT IS SO ORDERED.


Summaries of

Erasmus v. Chien

United States District Court, Eastern District of California
Nov 9, 2021
1:21-cv-01256-AWI-SAB (E.D. Cal. Nov. 9, 2021)
Case details for

Erasmus v. Chien

Case Details

Full title:MEGAN D. ERASMUS, Plaintiff, v. ALLEN T. CHIEN, D.D.S., et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 9, 2021

Citations

1:21-cv-01256-AWI-SAB (E.D. Cal. Nov. 9, 2021)