Hera Print, Inc. v. Charlotte Russe, Inc. et al

Filing 31

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Fernando M. Olguin. *See Order for dates and requirements*. (iv)

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

CV 18-9747 FMO (SSx)

Title

Hera Print, Inc. v. Charlotte Russe, Inc.

Present: The Honorable

Date

July 16, 2021

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None Present

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Re: Dismissal for Lack of
Prosecution

Plaintiff Hera Print, Inc. (“plaintiff”) did not comply with the Court’s Order of June 7, 2021
(Dkt. 30), because it did not file a status report re: defendant Charlotte Russe, Inc.’s (“defendant”)
bankruptcy filing by June 10, 2021. (See, generally, Dkt.). A review of the docket in defendant’s
bankruptcy case (Case No. 19-10210 LSS (Bankr. D. Del.))1 indicates that defendant is currently
in Chapter 11 liquidation. Based on the foregoing, IT IS ORDERED that:
1. No later than July 23, 2021, plaintiff shall file a status report containing responses to the
following matters: (a) whether plaintiff filed a proof of claim in defendant’s bankruptcy case;
whether the proof of claim was timely filed; and, if applicable, whether objections were filed and/or
sustained to plaintiff’s proof of claim; (b) whether plaintiff has already commenced an adversary
proceeding in defendant’s bankruptcy case. If plaintiff has not yet commenced an adversary
proceeding in defendant’s bankruptcy case, then plaintiff shall file a motion for relief from stay to
prosecute this action in the bankruptcy court and inform the court of this filing no later than July
30, 2021.
2. Failure to timely comply with the deadlines set forth in this order shall result in this action
being dismissed without prejudice for failure to prosecute and/or failure to comply with a court
order. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386,
1388 (1962).
Initials of Preparer

vdr

1

Bankruptcy docket (“BK Dkt.”) citations reference docket filings in this case. While defendant’s
Notice of Defendant’s Bankruptcy Case Filing (Dkt. 20) reflects Case No. 19-10214 LSS, it is an associated
case jointly administered under lead Case No. 19-10210 LSS. (See BK Dkt. 75, Bankruptcy Court’s Order
of February 5, 2019, at ¶ 6) (“An order has been entered in this case directing the joint administration of
the chapter 11 cases of Charlotte Russe Holding, Inc., and all subsequently filed chapter 11 cases of such
debtors’ affiliates. The docket in the chapter 11 case of Charlotte Russe Holding, Inc., Case No. 19-10210
should be consulted for all matters affecting this case.”).
CV-90 (01/13)

CIVIL MINUTES - GENERAL

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