L. A. Printex Industries, Inc. v. Clothing For Modern Times, Ltd. et al

Filing 28

ORDER TO SHOW CAUSE by Judge Audrey B. Collins, to adequately respond to the Order to Show Cause, Plaintiff should file the First Amended Complaint within 10 days of this order. Response to Order to Show Cause due by 2/11/2009. IT IS SO ORDERED. (da)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV 08-04937 ABC (RCx) Date January 28, 2009 L.A. Printex Indus., Inc. v. Clothing for Modern Times, Ltd.

Present: The Honorable Daphne Alex Deputy Clerk

Audrey B. Collins, Chief Judge Not Present Court Reporter / Recorder N/A Tape No.

Attorneys Present for Plaintiff: None Proceedings:

Attorneys Present for Defendant: None

ORDER TO SHOW CAUSE (In Chambers)

On December 2, 2008, the Court dismissed all remaining defendants but gave plaintiff leave to file a first amended complaint against additional parties. (Docket No. 24.) On January 12, 2009, the Court issued an Order to Show Cause as to why this case should not be dismissed as no amended complaint had been filed. (Docket No. 25.) Plaintiff responded as follows: On November 26, 2008, Plaintiff had submitted a Notice of Lodging, and the proposed amended Complaint. . . . This was submitted in connection with the stipulation on which the Court ruled on December 2, 2008. Plaintiff believed that the stipulation approved the lodged amended complaint, and was waiting for it to be issued by PACER. (Response to OSC (Docket No. 26).) Plaintiff is incorrect. The Court has no idea where Plaintiff acquired the notion that the stipulation resulted in the filing of any lodged amended complaint. The only order from this Court stated that "Plaintiff L.A. Printex Industries, Inc. may file a First Amended Complaint." (Docket No. 24.) Lodging-what Plaintiff did--is not the same as filing--what Plaintiff has failed to do. See L.R. 5-1 "Lodging Documents." Moreover, one cannot file a complaint electronically. See L.R. 3-2 ("Complaints . . . shall be filed, in duplicate . . . in the traditional manner on paper rather than electronically."). Accordingly, to adequately respond to the Order to Show Cause, Plaintiff should file the first amended complaint within 10 days of this order. IT IS SO ORDERED. Initials of Preparer
CV-90 (06/05) CIVIL MINUTES - GENERAL

: DA
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