In Re GGW Brands, LLC

Filing 11

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION AND DUPLICATIVE BANKRUPTCY MATTER by Judge Fernando M. Olguin. Response to Order to Show Cause due by 11/3/2014. (vdr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-5743 FMO

Title

In re: GGW Brands, LLC, et al.

Present: The Honorable

Date

October 28, 2014

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None

None

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal for Lack of
Prosecution and Duplicative Bankruptcy Matter

On July 23, 2014, this bankruptcy action was appealed to this court pursuant to 28 U.S.C.
§ 158(a) or § 158(b). (See, generally, Notice of Appeal). The bankruptcy order being appealed
is the Order Holding Joseph Francis (“Francis”) and Perfect Science Labs, LLC (“Perfect Science
Labs”) in Contempt of Court, of July 18, 2014. (See id. at 1). On August 8, 2014, the clerk issued
a notice setting August 22, 2014 as the deadline for appellants’ opening brief. Francis and Perfect
Science Labs failed to file an opening brief, even though it was due more than two months ago.
In addition, the bankruptcy court issued a Report and Recommendation (“R&R”) relating
to the civil contempt findings. (See Report and Recommendation to District Court for Withdrawal
of Reference and for Determination of Possible Incarceration for Civil Contempt, filed Aug. 4,
2014, at 24) (discussing civil contempt issues). The R&R was assigned a new case number, In
re: GGW Brands, LLC, et al., Case No. CV 14-6108.
Based on the foregoing, it appears that appellants have failed to prosecute this action, and
that the issues in Case No. CV 14-6108 may be duplicative of the issues in this action.
Accordingly, IT IS ORDERED that:
1. No later than November 3, 2014, appellants shall show cause in writing: (1) why this
action should not be dismissed for lack of prosecution; or (2) because it is duplicative of Case No.
CV 14-6108. Appellees may submit a response in the same time period.
2. Appellants’ failure to file a response to the order to show cause by the deadline set forth
above shall be deemed consent to the dismissal of this action.
3. A copy of all papers filed with the court shall be delivered to the drop box outside
chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00
noon the following business day. All chambers copies shall comply fully with the document
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-5743 FMO

Date

Title

In re: GGW Brands, LLC, et al.

October 28, 2014

formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule
11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in
full compliance with this Order and Local Rule 11-3.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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vdr

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