Neman Financial, L.P. et al v. Citigroup Global Markets Inc. et al

Filing 29

ORDER TO SHOW CAUSE WHY DEFENDANTS MOTION TO DISMISS SHOULD NOT BE GRANTED 23 by Judge Beverly Reid O'Connell. Plaintiffs are ORDERED TO SHOW CAUSE why Citigroup's Motion to Dismiss should not be granted. Plaintiffs' response to this Order must be filed no later than Wednesday, December 3, 2014, at 5:00 p.m. An appropriate response will include reasons demonstrating good cause for the failure to timely oppose Citigroup's motion. Defendant is ORDERED to serve a copy of this Order to Show Cause by Personal Delivery on Plaintiff Neman Financial, L.P., no later than the close of business on November 26, 2014 and file the Proof of Service. IT IS SO ORDERED. (rfi)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 14-02499 (BRO) (PLAx)

Title

NEMAN FINANCIAL, L.P. ET AL. V. CITIGROUP GLOBAL MARKETS, INC.
ET AL.

Date

November 24, 2014

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER TO SHOW CAUSE WHY DEFENDANT’S MOTION TO DISMISS
SHOULD NOT BE GRANTED [23]
Plaintiffs Neman Financial, L.P. and Shervin Neman (collectively, “Plaintiffs”)
initiated this lawsuit on February 28, 2014 in the Superior Court of California, County of
Los Angeles. (Compl.) Defendant Citigroup Global Markets, Inc. (“Citigroup”)
removed the matter to this Court on April 2, 2014. (Dkt. No. 1.) Plaintiffs are appearing
pro se in this action. (See Dkt. No. 20.)1
Currently pending before the Court is Citigroup’s Motion to Dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 23.) This matter is set for hearing
on December 8, 2014, at 1:30 p.m. Under the Court’s Local Rule 7-9, a party must
oppose a motion at least twenty-one (21) days prior to the scheduled hearing date. C.D.
Cal. L.R. 7-9. Accordingly, Plaintiffs’ opposition, if any, was due no later than
November 17, 2014. As of this date, Plaintiffs have failed to file an opposition. Pursuant
to the Court’s Local Rule 7-12, failure to file an opposition “may be deemed consent to
the granting . . . of the motion.” C.D. Cal. L.R. 7-12.

1

The Court’s Local Rule 83-2.2.2 states that “[o]nly individuals may represent themselves pro se. No
organization or entity of any other kind . . . may appear in any action or proceeding unless represented
by an attorney permitted to practice before this Court under L.R. 83-2.1.” Accordingly, the Court
directs Plaintiff Neman Financial, L.P., a California limited liability partnership (see Compl. ¶ 5), to
obtain counsel in accordance with the Court’s Local Rules.
CV-90 (06/04)

CIVIL MINUTES – GENERAL

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LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 14-02499 (BRO) (PLAx)

Title

NEMAN FINANCIAL, L.P. ET AL. V. CITIGROUP GLOBAL MARKETS, INC.
ET AL.

Date

November 24, 2014

Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE why Citigroup’s
Motion to Dismiss should not be granted. Plaintiffs’ response to this Order must be filed
no later than Wednesday, December 3, 2014, at 5:00 p.m. An appropriate response
will include reasons demonstrating good cause for the failure to timely oppose
Citigroup’s motion.
Defendant is ORDERED to serve a copy of this Order to Show Cause by Personal
Delivery on Plaintiff Neman Financial, L.P., no later than the close of business on
November 26, 2014 and file the Proof of Service.
:

IT IS SO ORDERED.
Initials of Preparer

rf

CV-90 (06/04)

CIVIL MINUTES – GENERAL

Page 2 of 2