Signature Financial, LLC vs. John McClung

Filing 103

MINUTES (IN CHAMBERS)- ORDER TO SHOW CAUSE WHY THIRD-PARTY COMPLAINT SHOULD NOT BE DISMISSED by Judge Dolly M. Gee. The Court orders Defendant/Third-Party Plaintiff to show cause, in writing and by no later than October 13, 2017, why the third-party action should not be dismissed under Federal Rule of Procedure 4(m) for failure to prosecute. If a satisfactory response is not filed by that date, the Court will dismiss the third-party complaint. (iv)

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

Date

CV 16-3621-DMG (FFMx)

Title Signature Financial, LLC v. John McClung
Present: The Honorable

October 10, 2017
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk

NOT REPORTED
Court Reporter

Attorneys Present for Plaintiff(s)
None Present

Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIRD-PARTY
COMPLAINT SHOULD NOT BE DISMISSED
On October 6, 2017, this Court granted Plaintiff’s motion for summary judgment, which
resolved the sole claim for breach of contract, Defendant’s counterclaim for mistake of fact, and
Defendant’s affirmative defenses. That motion did not resolve the third-party action. See Doc.
## 49, 55, 67.
The Court orders Defendant/Third-Party Plaintiff to show cause, in writing and by no
later than October 13, 2017, why the third-party action should not be dismissed under Federal
Rule of Procedure 4(m) for failure to prosecute. If a satisfactory response is not filed by that
date, the Court will dismiss the third-party complaint.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT