Aaron Sperske v. Ariel Rosenberg et al

Filing 23

ORDER TO SHOW CAUSE RE LACK OF PROSECUTION by Judge Otis D Wright, II. Plaintiff is hereby ORDERED TO SHOW CAUSE why this case should notbe dismissed for lack of prosecution. Plaintiff shall file a noticed motion for default judgment against Defendan ts Ariel Pinks Haunted Graffiti and Kwang Nam Koh. And as for Defendants Ariel Rosenberg and Kenneth John Gilmore (assuming he does not respond in time), Plaintiff shall file a request for entry of default. Plaintiff shall file all of these papers no later than October 19, 2012. No hearing is scheduled. Failure to follow this order will result in dismissal of this case. SEE ORDER FOR FURTHER DETAILS. (jre)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AARON SPERSKE,

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v.

Plaintiff,

Case No. 2:12-cv-7034-ODW(JCx)
ORDER TO SHOW CAUSE RE
LACK OF PROSECUTION

ARIEL ROSENBERG et al.,
Defendants.

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On September 24, 2012, the Court issued an Order to Show Cause why Plaintiff

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failed to file a noticed motion for default judgment against the defaulted Defendants

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Ariel Pinks Haunted Graffiti and Kwang Nam Koh. (ECF No. 18.) Further, the Court

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notes that Plaintiff failed to submit a request for entry of default against Defendant

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Ariel Rosenberg. Plaintiff responded to the Court’s Order by suggesting that more

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time and discovery was needed to ascertain the damages in this case. (ECF No. 20.)

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Defendants Ariel Pinks Haunted Graffiti and Kwang Nam Koh have defaulted.

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Logically, a defaulting Defendant is unlikely to respond to Plaintiff’s discovery, given

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the fact that they cared not to answer Plaintiff’s Complaint. Accordingly, the Court

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denies Plaintiff’s request for additional time to ascertain his damages.

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Plaintiff is hereby ORDERED TO SHOW CAUSE why this case should not

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be dismissed for lack of prosecution. Plaintiff shall file a noticed motion for default

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judgment against Defendants Ariel Pinks Haunted Graffiti and Kwang Nam Koh.

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And as for Defendants Ariel Rosenberg and Kenneth John Gilmore (assuming he does

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not respond in time), Plaintiff shall file a request for entry of default. Plaintiff shall

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file all of these papers no later than October 19, 2012. No hearing is scheduled.

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Failure to follow this order will result in dismissal of this case.

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IT IS SO ORDERED.

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October 4, 2012

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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