LUX EAP, LLC v. Kathleen A. Bruner et al

Filing 162

MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE COUNTERCLAIMANTS' FOURTH AMENDED COUNTERCLAIM by Judge Dolly M. Gee: The Court issued a Final Judgment in this action on 4/8/2019 154 . As a part of that Judgment, the Court stayed the Counterclai ms of Kathleen A. and Robert Bruner pending the appeal to the Ninth Circuit of several of this Court's rulings. The Ninth Circuit affirmed this Court's decisions on 4/24/2019 and issued its formal mandate on 6/18/2020 160 . The Bruners the n filed a Fourth Amended Counterclaim on 7/15/2020 161 . Because the appeal to the Ninth Circuit has concluded, the Court lifts the stay on the Bruners' Counterclaims and places this action back into active status. But the Bruners are hereby OR DERED TO SHOW CAUSE why the Court should not strike their Fourth Amended Counterclaim for their failure to seek the Court's leave, either by stipulation or motion, before filing the document. Indeed, the Court's Final Judgment did not grant the Bruners leave to file amended counterclaims after the Ninth Circuit's resolution of their appeal, and it appears that the deadline for filing amended pleadings expired long ago. The Bruners shall respond to this Order in writing, not to exceed five pages, by 7/30/2020. The failure to provide a satisfactory response will result in the Court striking the Fourth Amended Counterclaim. Court Reporter: Not Reported. (gk)

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

ED CV 17-1359-DMG (SPx)

Date

Title Kathleen A. Bruner, et al. vs. LUX EAP, LLC, et al.

Present: The Honorable

July 20, 2020
Page

1 of 1

DOLLY M. GEE, UNITED STATES DISTRICT JUDGE

KANE TIEN
Deputy Clerk
Attorneys Present for Plaintiff(s)
None Present

NOT REPORTED
Court Reporter
Attorneys Present for Defendant(s)
None Present

Proceedings: IN CHAMBERS - ORDER TO SHOW CAUSE RE COUNTERCLAIMANTS’ FOURTH AMENDED COUNTERCLAIM
The Court issued a Final Judgment in this action on April 8, 2019. [Doc. # 154.] As a part
of that Judgment, the Court stayed the Counterclaims of Kathleen A. and Robert Bruner pending
the appeal to the Ninth Circuit of several of this Court’s rulings. Id. The Ninth Circuit affirmed
this Court’s decisions on April 24, 2019 and issued its formal mandate on June 18, 2020. [Doc.
## 158, 160.] The Bruners then filed a Fourth Amended Counterclaim on July 15, 2020. [Doc. #
161.]
Because the appeal to the Ninth Circuit has concluded, the Court lifts the stay on the
Bruners’ Counterclaims and places this action back into active status. But the Bruners are hereby
ORDERED TO SHOW CAUSE why the Court should not strike their Fourth Amended
Counterclaim for their failure to seek the Court’s leave, either by stipulation or motion, before
filing the document. Indeed, the Court’s Final Judgment did not grant the Bruners leave to file
amended counterclaims after the Ninth Circuit’s resolution of their appeal, and it appears that the
deadline for filing amended pleadings expired long ago. [Doc. ## 43-1, 101.] The Bruners shall
respond to this Order in writing, not to exceed five pages, by July 30, 2020. The failure to provide
a satisfactory response will result in the Court striking the Fourth Amended Counterclaim.
IT IS SO ORDERED.

CV-90

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk KT