Watts v. Anchored Tiny Homes Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Shalon Watts and Anthony Watts, No. 2:22-cv-00428-KJM-AC 12 Plaintiffs, ORDER 13 v. Anchored Tiny Homes, Incorporated, 1S Defendant. 16 17 Shalon and Anthony Watts filed their complaint in this action in March 2022. ECF No. 1. 18 | The next day, a summons was issued to the only defendant, Anchored Tiny Homes, Inc., ECF 19 | No. 2, and the court set a status (pretrial scheduling) conference for July 14 2022. ECF No. 3. 20 | The defendant did not file any answer or motions, however, so the court vacated and reset the 21 | scheduling conference. ECF No. 4. The plaintiffs then confirmed in a written status report that 22 | they had served a copy of the complaint on the defendants and that the parties were negotiating a 23 | settlement agreement. ECF No. 6. The defendant did not appear, however, and the court reset 24 | the scheduling conference twice more. ECF No. 7, 8. A status conference is currently set for 25 | November 17, 2022, but the defendant has yet to appear. 26 The plaintiffs are ordered to show cause within seven days why this action should not 27 | be dismissed for lack of prosecution under Federal Rule of Civil Procedure 41(b). See Hernandez 28 | v. City of El Monte, 138 F.3d 393, 399 (9th Cir. 1998) (citing Henderson v. Duncan, 779 F.2d 1 1421 (9th Cir. 1986)). The status (pretrial scheduling) conference is vacated and reset for 2 December 15, 2022 at 2:30 p.m. before the undersigned. 3 IT IS SO ORDERED. 4 DATED: November 7, 2022.