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Case 2:13-cv-00745-MCE-EFB Document 18 Filed 07/30/13 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

SYLVIA THOMAS,

Plaintiff,

No. 2:13-cv-745-MCE-EFB PS

vs.

UNITED AIR LINES, INC.;
RAFAEL PADILLA CRUZ; and
DOES 1-50, inclusive,

Defendants.

/

ORDER

This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On July 11,

2013, the undersigned recommended that defendant United Air Lines, Inc.’s motion to dismiss

be granted, and ordered plaintiff to show cause, in writing on or before July 25, 2013, why

defendant Rafael Padilla Cruz should not be dismissed for failure to effect service of

process within the time prescribed by Rule 4(m) and/or for failure to comply with the Federal

Rules of Civil Procedure and this court’s previous orders. ECF No. 14.

On July 25, 2013, plaintiff filed a response to the order to show cause, indicating that

defendant Cruz was served on May 7, 2013, and that the executed summons was filed on May

20, 2013. ECF No. 7. In light of plaintiff’s response, the July 11, 2013 order to show cause will

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Case 2:13-cv-00745-MCE-EFB Document 18 Filed 07/30/13 Page 2 of 2

be discharged. If plaintiff believes that service on Cruz was proper and that Cruz failed to timely

respond to the complaint, plaintiff shall request that the clerk enter Cruz’s default in accordance

with Federal Rule of Civil Procedure 55(a).1

Accordingly, IT IS HEREBY ORDERED that:

1. The July 11, 2013 order to show cause is discharged.

2. If plaintiff opines that service on Cruz was proper and that he failed to timely respond

to the complaint, within thirty days, plaintiff shall request that the clerk enter Cruz’s default.2

SO ORDERED.

Dated: July 30, 2013.

1 The court has not considered or determined whether service was, in fact, proper.

2 If the clerk enters Cruz’s default, plaintiff shall thereafter file and notice an appropriate
motion for default judgment in accordance with Local Rule 230 and Federal Rule of Civil Procedure
55(b).

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