Cold Heaven Cellars LLC et al v. Scott Manlin et al

Filing 15

ORDER CONTINUING ORDER TO SHOW CAUSE RE LACK OF PROSECUTION 11 by Judge Otis D. Wright, II:In light of Plaintiffs response, the Court CONTINUES the Order to Show Cause to Monday, April 14, 2014, and CONTINUES Defendants response dateuntil Friday, April 11, 2014. No hearing will be held; the parties shall respond in writing. The parties need not file a stipulation extending Defendants response date unless they wish to further extend the deadline. (lc)

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United States District Court
Central District of California

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COLD HEAVEN CELLARS LLC;

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Case No. 2:14-cv-01050-ODW(FFMx)

PHYLLIS MORGAN CLENDENEN,
Plaintiffs,

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ORDER CONTINUING ORDER TO
SHOW CAUSE RE. LACK OF

v.

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SCOTT MANLIN; BONVIVINO

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PROSECUTION [11]

CAPITAL LLC; DOES 1–10, inclusive,
Defendants.

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On March 26, 2014, the Court ordered Plaintiffs to show cause by March 31,

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2014, why they had not moved for entry of default against Defendants. (ECF No. 11.)

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On March 28, 2014, Plaintiffs responded to the Order, indicating that counsel for

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Defendants has just received a copy of the Complaint. Plaintiffs state that they will

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likely be filing a stipulation allowing Defendants to respond to the Complaint by

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April 11, 2014.

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In light of Plaintiffs’ response, the Court CONTINUES the Order to Show

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Cause to Monday, April 14, 2014, and CONTINUES Defendants’ response date

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until Friday, April 11, 2014. No hearing will be held; the parties shall respond in

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writing. The parties need not file a stipulation extending Defendants’ response date

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unless they wish to further extend the deadline. But this current extension will count

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toward the 30-day limit set forth in Local Rule 8-3. An answer or other response will

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take precedence over a simultaneously filed motion for entry of default. Failure to

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timely respond will either result in dismissal for lack of prosecution or entry of default

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judgment as appropriate.

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IT IS SO ORDERED.

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March 31, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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