Krisfalusi v. Vision Marketing & Distribution Limited et al

Filing 18

PARTIAL JUDGMENT IN A CIVIL CASE; AND ORDER TO SHOW CAUSE by Judge Justin L. Quackenbush. IT IS ORDERED AND ADJUDGED that the claims in the Complaint (ECF No. 1) asserted against DEFENDANT NIGEL BUTLER are DISMISSED without prejudice and without cos ts or attorneys fees to any party. There being no just reason for delay, the court enters this FINAL JUDGMENT pursuant to Fed.R.Civ.P 54(b) dismissing the claims asserted in the Complaint against Defendant Butler, without prejudice and without attorn eys fees or costs to any party. Plaintiff shall SHOW CAUSE in writing by no later than September 20, 2013 why the Defendants Motion to Dismiss should not be granted and/or the remainder of this action be dismissed for failure to comply with the courts Order and lack of prosecution. Response to Order to Show Cause due by 9/20/2013. (mrgo)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CAMERON KRISFALUSI dba DIRTY DOG, USA, ) ) ) Plaintiff, ) NO. 13-CV-0617-JLQ ) v. ) ) ) RULE 54(B) PARTIAL JUDGMENT ) IN A CIVIL CASE; AND ORDER TO VISION MARKETING AND ) SHOW CAUSE DISTRIBUTION LIMITED; NIGEL ) BUTLER, ) ) Defendants. ) _______________________________) Pursuant to the Stipulation of the parties (ECF No. 17), filed pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), IT IS ORDERED AND ADJUDGED that the claims in the Complaint (ECF No. 1) asserted against DEFENDANT NIGEL BUTLER are DISMISSED without prejudice and without costs or attorneys fees to any party. There being no just reason for delay, the court enters this FINAL JUDGMENT pursuant to Fed.R.Civ.P 54(b) dismissing the claims asserted in the Complaint against Defendant Butler, without prejudice and without attorneys fees or costs to any party. Plaintiff’s claims against Defendant Vision Marketing & Distribution Limited remain pending although on May 24, 2013, Defendant filed a Motion to Dismiss which has been continued by the court twice to allow the parties time to negotiate. The parties have however missed the court’s extended deadlines for the filing of responsive briefing (August 26, 2013 and September 2, 2013). (ECF No. 16). ORDER 1 1 Accordingly, Plaintiff shall SHOW CAUSE in writing by no later than 2 September 20, 2013 why the Defendant’s Motion to Dismiss should not be granted 3 and/or the remainder of this action be dismissed for failure to comply with the 4 court’s Order and lack of prosecution. 5 6 7 IT IS SO ORDERED. The Clerk of this court shall enter this Order and Judgment and furnish provide copies to counsel. Dated this 10th day of September, 2013. s/ Justin L. Quackenbush JUSTIN L. QUACKENBUSH SENIOR UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER 2

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