In Re GGW Brands, LLC

Filing 6

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Fernando M. Olguin. Response to Order to Show Cause due by 8/12/2014. (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

August 5, 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
Jurisdiction

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 and Perfect Science Labs, LLC in Contempt of Court, of July
18, 2014. (See id. at 1).
District courts have jurisdiction to hear appeals from “final judgments, orders and decrees,”
and “with leave of court, from other interlocutory orders and decrees.” 28 U.S.C. §§ 158(a)(1) &
158(a)(3). In general, “[s]anctions orders are interlocutory orders that are not appealable until
final judgment is entered.” Markus v. Gschwend (in re: Markus), 313 F.3d 1146, 1151 (9th Cir.
2002). See also Oliner v. Kontrabecki, 305 B.R. 510, 520 & 521 (N.D. Cal. 2004) (“Orders of civil
contempt entered against a party during the course of a pending civil action are not generally
appealable until final judgment.”) The record does not indicate that final judgment has been
entered. Rather, the bankruptcy court’s ruling sets a “continued hearing” on July 31, 2014, in
which “the Court will consider what additional sanctions, if any, including issuance of arrest
warrants for Francis and [Perfect Science Labs, LLC], might be appropriate.” (Court’s Final Ruling
re: “Order to Show Cause Why Joseph R. Francis and Perfect Science Labs, LLC Should Not be
Held in Contempt” (Docket #585), dated July 17, 2014, at 30). Thus, it appears that final judgment
has not been entered. Moreover, the Notice of Appeal does not include a copy of the order dated
July 18, 2014. Thus, the record is incomplete. Based on the foregoing, it appears that the court
does not have jurisdiction over this case.
Accordingly, IT IS ORDERED that:
1. No later than August 12, 2014, appellants shall show cause in writing why this action
should not be dismissed for lack of jurisdiction. Appellees may submit a response in the same
time period.
2. Failure to file a response to the order to show cause by the deadline set forth above
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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.

August 5, 2014

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
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

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vdr

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