Rashid

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, Case No. 1:22-cv-00674-ADA-HBK 12 Plaintiff, ORDER VACATING INITIAL

SCHEDULING CONFERENCE

13 v.

ORDER SETTING DEADLINE TO FILE

14 HAROON AL RASHID, MOTON FOR DEFAULT JUDGMENT OR

SHOW CAUSE

15 Defendant.

DECEMBER 22, 2022 DEADLINE

16

17

18 19 This matter comes before the court sua sponte. On August 31, 2022, Plaintiff requested 20 entry of default as to Defendant Haroon Al Rashid. (Doc. No. 6). A Clerk’s Entry of Default was 21 entered the same day. (Doc. No. 7). Almost three months have passed and Plaintiff has not 22 moved for default judgment under Fed. R. Civ. P. 55(b)(2). Although Rule 55(b) does not specify 23 a time within which a plaintiff must move for a default judgment, Rule 1 places an affirmative 24 duty on both the court and counsel to ensure the “just, speedy, and inexpensive” determinations of 25 federal cases. Fed. R. Civ. P. 1; see Harvey v. United States, 685 F.3d 939, 946 (10th Cir. 2012) 26 (a plaintiff must…