Mendez
(PS) Novak v. Mendez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOSEPH WILLIAM NOVAK, No. 2:20-cv-01721 JAM AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS TINA M. MENDEZ, et al., Defendants. 15 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On November 30, 2020, defendant Amerihome Mortgage Company LLC filed a motion to dismiss this case. ECF No. 10. Plaintiff did not respond. Plaintiff did file an improperly noticed motion for default judgment against a separate defendant, Tina Mendez, on December 7, 2020. ECF No. 12. Defendant Mendez has appeared and made a motion to set aside default. ECF No. 14. On January 5, 2021, in light of plaintiff’s failure to respond to the motion to dismiss, the court issued an order to show cause within 14 days why this action should not be dismissed for failure to prosecute. ECF No. 13. The court informed plaintiff that the filing…