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