Bernie Unrau v. Amblin Partners LLC et al

Filing 39

ORDER GRANTING MOTION TO DISMISS 31 AS UNOPPOSED. This action is DISMISSED with prejudice. The Clerk of Court shall close the case. by Judge Otis D. Wright, II (MD JS-6. Case Terminated) (lc)

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O JS-6 1 2 3 4 5 6 7 United States District Court Central District of California 8 9 10 11 BERNIE UNRAU, Plaintiff, 12 v. 13 14 Case № 2:16-cv-08850-ODW (JEM) ORDER GRANTING MOTION TO AMBLIN ENTERTAINMENT INC., Defendant. 15 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// DISMISS [31] AS UNOPPOSED 1 On November 30, 2016, Plaintiff Bernie Unrau filed this copyright 2 infringement action. 3 amended complaint. (ECF No. 9.) On April 17, 2017, Plaintiff filed a second 4 amended complaint. 5 Entertainment Inc. filed a motion to dismiss Plaintiff’s second amended complaint and 6 noticed a July 10, 2017 hearing on the motion. (ECF No. 31.) On June 1, 2017, 7 Defendant’s attorney David Russell reminded Plaintiff that his opposition was due 8 twenty-one days before the scheduled hearing on the motion in accord with Central 9 District of California Local Rule 7-9. (See Notice of Non-Opposition, Ex. A, ECF 10 (ECF No. 1.) On January 18, 2017, Plaintiff filed a first (ECF No. 29.) On May 31, 2017, Defendant Amblin No. 38.) 11 Plaintiff never filed any opposition. On June 23, 2017, four days after the Local 12 Rule 7-9 deadline, the Court issued an order to show cause why Plaintiff’s motion 13 should not be granted under Local Rule 7-12 for lack of opposition. (ECF No. 37.) 14 The Court invited Plaintiff to late file his opposition by June 26, 2017, with a note 15 explaining the reason for his delay. Plaintiff did not do so. (Id.) 16 The Court warned Plaintiff in its order to show cause that his failure to file 17 opposition by June 26, 2017, would ultimately result in the dismissal of this action 18 with prejudice. (Id.) Finding that Plaintiff had due notice of his need to file an 19 opposition and failed to do so, the Court GRANTS Defendant’s motion to dismiss as 20 unopposed. This action is DISMISSED with prejudice. The Clerk of Court shall 21 close the case. 22 23 IT IS SO ORDERED. 24 June 28, 2017 25 26 27 28 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 2

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