Arthur Kaye IRA FCC as Custodian DTD 6-8-00 v. ImmunoCellular Therapeutics, Ltd. et al

Filing 112

ORDER TO SHOW CAUSE by Judge Fernando M. Olguin. Defendant shall file with the court a Notice of Change of Address no later than 8/29/2018. In the event Nichols does not file a Notice of Change of Address, plaintiffs shall file a motion for default judgment against Nichols no later than 9/5/2018. (vdr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 ARTHUR KAYE IRA FCC AS CUSTODIAN DTD 6-8-00, et al., Plaintiffs, 13 14 15 v. IMMUNOCELLULAR THERAPEUTICS, LTD., et al., 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) NO. CV 17-3250 FMO (SKx) ORDER TO SHOW CAUSE 18 On May 1, 2017, plaintiffs filed a complaint for violations of federal securities laws. 19 (See Dkt. 1, “Complaint”). Plaintiffs filed a First and Second Amended Complaint (“SAC”).1 (See 20 Dkts. 43 & 53). On January 8, 2018, pro se defendant Brian Nichols (“Nichols” or “defendant”) 21 filed an Answer to the SAC. (See Dkt. 82, Defendant Brian Nichols’ Answer and Affirmative 22 Defenses to Plaintiff’s Second Amended Complaint). Over the last few months, documents sent 23 to defendant have been returned by the postal service as undeliverable. (See Dkt. 97; see also 24 Dkts. 102, 103, 110 & 111). Pursuant to Local Rule 41-6, Nichols has an obligation to keep the 25 court advised of a current address throughout the duration of his lawsuit. See L.R. 41-6 (“A party 26 proceeding pro se shall keep the Court and opposing parties apprised of such party’s current 27 28 1 Plaintiffs filed the operative Third Amended Complaint on June 29, 2018. (See Dkt. 105, “TAC”). 1 address and telephone number[.]”). Nichols is advised that failure to timely comply with this 2 Order or with its continuing obligation to keep the court apprised of a current mailing 3 address, may result in the entry of default against him. See L.R. 83-2.4; see also L.R. 41-6. 4 Based on the foregoing, IT IS ORDERED THAT: 5 1. 6 7 Defendant shall file with the court a Notice of Change of Address no later than August 29, 2018. 2. In the event Nichols does not file a Notice of Change of Address, plaintiffs shall file 8 a motion for default judgment against Nichols no later than September 5, 2018. Failure to file a 9 motion for default may result in the action against Nichols being dismissed for failure to prosecute 10 and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 11 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962). 12 Dated this 15th day of August, 2018. 13 14 /s/ Fernando M. Olguin United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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