Opinion
2:12-cv-00150-GEB-CMK
04-12-2012
JUSTIN HEFFNER, Plaintiff, v. WELTMAN, WEINBERG & REIS CO., LPA, Defendant.*
ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE
Plaintiff states in his Status Report filed April 10, 2012 that he "has been unable to meet and confer with the named defendant because defendant has not yet appeared in the case." (ECF No. 7, 1:20-21.) However, the Declaration of Service filed on March 27, 2012 (ECF No. 6), reflects that Defendant was served on March 6, 2012, and Plaintiff does not indicate in his Status Report what efforts he is taking to prosecute this action.
Therefore, in the event that Defendant does not appear in this action, no later than May 28, 2012, 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.
Further, the status conference scheduled for hearing on April 23, 2012, is continued to commence at 9:00 a.m. on August 20, 2012. A status report shall be filed fourteen (14) days prior to the status conference.
IT IS SO ORDERED.
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GARLAND E. BURRELL, JR.
United States District Judge