Hilgedick et al. v. Collins et al

Filing 27

ORDER striking from the record without prejudice 24 RESPONSE to 4 MOTION to Dismiss Case for Lack of Jurisdiction and 23 RESPONSE to 18 MOTION to Vacate re Entry of Default. Plas may, however, refile these documents no later than Tuesday, 1/2 0/09 without substantive changes in full compliance with prior court orders. Failure to timely refile these documents...may result in the Court's ruling on the pending motions without consideration of plas' amended responses. FURTHER ORDERED that the time for the US' optional reply shall not begin to run until plas' amended responses are filed. (See document for details). Signed by Magistrate Judge Lawrence O Anderson on 1/15/2009. (LAD)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Angela Hilgedick, surviving spouse of) L.D. Steven Gladestone, on her own) behalf and on behalf of Doreen Gladstone,) surviving mother of L.D. Steven) Gladstone, ) ) Plaintiffs, ) ) vs. ) ) ) United States of America; Sue Collins,) P.C., an Arizona corporation; Walgreens) Oshkosh, Inc., a foreign corporation;) Walgreens National Corporation, a foreign) corporation, d/b/a Walgreens; Walgreen) Arizona Drug Co., a foreign corporation;) Walgreens Health Initiatives, Inc., a) foreign corporation, d/b/a Walgreens) Health Initiatives; WHP Health Initiatives,) Inc., an Illinois corporation; Walgreen) Pharmacy Services Western, L.L.C., a) foreign corporation; Walgreen Co., a) foreign corporation; ) ) Defendants. ) ) )

No. CV-08-8160-PHX-LOA ORDER

Plaintiffs' counsel having failed to comply with two prior court orders, docket ## 16, 22, and violated LRCiv 7.1(a)(3) (use of improper capitalization of party names),
IT IS ORDERED that Plaintiffs' Response to Defendant United States of

America's Motion to Dismiss and Remand and Motion to Vacate Entry of Default, docket
## 23-24, are hereby STRICKEN from the record without prejudice. Plaintiffs may,

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

however, refile these documents no later than Tuesday, January 20, 2009 without substantive changes in full compliance with prior court orders. Failure to timely refile these documents, which shall comply in all aspects with the Local Rules and prior court orders, may result in the Court's ruling on the pending Motions without consideration of Plaintiffs'

amended Responses.
IT IS FURTHER ORDERED that the time for the United States' optional

Reply shall not begin to run until Plaintiffs' amended Responses are filed. Chamber's staff shall fax a copy of this signed order to Plaintiffs' counsel in the event she does not read her electronically-delivered orders. DATED this 15th day of January, 2009.

1/15/09: faxed copy to Alicia Funkhouser by vlg

-2-