Activision Publishing, Inc. et al v. EngineOwning UG et al

Filing 127

MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. Plaintiff is ORDERED TO SHOW CAUSE, in writing, by no later than February 9, 2024, why this action should not be dismissed for failure to state a claim for relief under Federal Rule 12(b)(6) and/or failure to prosecute under Federal Rule 41(b). (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 22-51-MWF (JCx)
Date: January 29, 2024
Activision Publishing, Inc. v. EngineOwning UG, et al.
Title:
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiffs:
None Present

Attorneys Present for Defendants:
None Present

Proceedings (In Chambers): ORDER TO SHOW CAUSE

On February 15, 2023, the Court issued an Order Granting Joint Stipulation for
Entry of Consent Judgment and Permanent Injunction against Defendant Manuel
Santiago. (Docket No. 86).
On April 4, 2023, the Court denied in part and granted in part a Motion to
Dismiss filed by Defendants EngineOwning UG, Valentin Rick, Leonard Bugla, Leon
Frisch, Marc-Alexander Richts, Alexander Kleeman, Leon Schlender, Bennet Huch,
Pascal Classen, and Remo Loffler. (Docket Nos. 100, 101). In so doing, the Court
allowed Plaintiff to file a Second Amended Complaint by no later than April 18, 2023.
(Docket No. 101 at 51). Plaintiff Activision Publishing, Inc. did not file an amended
complaint, which the Court construed as a desire to stand on its First Amended
Complaint.
On May 23, 2023, the Court issued an Order permitting counsel to withdraw
from representation of Defendants Leonard Bugla, Pascal Classen, EngineOwning UG,
Leon Frisch, Bennet Huch, Alexander Kleeman, Remo Loffler, Marc-Alexander
Richts, Valentin Rick, and Leon Schlender. (Docket No. 111). The Court continued
the deadline to file an Answer to July 17, 2023.
Subsequently, Defendants Marc-Alexander Richts, Alexander Kleeman, Leon
Frisch, and Leon Schlender indicated their intent to proceed pro se. (See Docket Nos.
113, 114, 116, 117, 118, 119, 120).
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CIVIL MINUTES—GENERAL
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 22-51-MWF (JCx)
Date: January 29, 2024
Title:
Activision Publishing, Inc. v. EngineOwning UG, et al.
As of January 29, 2024, no Answer has been filed, and Plaintiff has not taken
any further substantive action.
As such, Plaintiff is ORDERED TO SHOW CAUSE (“OSC”), in writing, by
no later than February 9, 2024, why this action should not be dismissed for failure to
state a claim for relief under Federal Rule 12(b)(6) and/or failure to prosecute under
Federal Rule 41(b). See Reed v. Lieurance, 863 F.3d 1196, 1207 (9th Cir. 2017) (“A
trial court may dismiss a claim sua sponte under Rule 12(b)(6)[.]” (citations omitted));
see also Link v. Wabash R. Co., 370 U.S. 626, 633 (1962) (“[A] District Court may
dismiss a complaint for failure to prosecute[.]”).
Plaintiff is warned that failure to respond to the OSC by February 9, 2024, will
result in dismissal of this action. No oral argument on this matter will be heard unless
otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL
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