John Ho v. Tan Trinh, et al.

Filing 37

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED FOR FAILURE TO TIMELY RESPOND TO COMPLAINT by Judge Josephine L. Staton. Therefore, Defendants are hereby ORDERED to show cause, in writing, no later than tomorrow, Wednesday, May 3, 2017 at 5:00 p.m., why sanctions should not be issued for their failure to file an answer or responsive motion as ordered by the Court. *Refer to Order for further details.* (es/tg)

____________________________________________________________________________

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:16-cv-481-JLS-JCGx
Title: John Ho v. Tan Trinh, et al.

Date: May 2, 2017

Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Terry Guerrero
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE ISSUED FOR FAILURE TO
TIMELY RESPOND TO COMPLAINT
On April 20, 2017, the Court issued an order granting Defendants’ motion to set
aside entry of default and denying Plaintiff’s motion for default judgment. (Order, Doc.
36.) In that order, the Court ordered Defendants to file an answer or responsive motion to
Plaintiff’s complaint within five (5) days of the Court’s order. (Id. at 8.) In setting aside
the entry of default, the Court noted Defendants’ “failure to effectively defend this action
over the past several months and [Defendants’ counsel’s] failure to act in a timely manner
to defend his clients’ interests.” (Id.) In light of that failure, the Court declared that
failure to actively defend the action and meet all filing deadlines “will result in
sanctions.” (Id.) Defendants have now failed to meet their first filing deadline following
the Court’s order.
Therefore, Defendants are hereby ORDERED to show cause, in writing, no later
than tomorrow, Wednesday, May 3, 2017 at 5:00 p.m., why sanctions should not be
issued for their failure to file an answer or responsive motion as ordered by the Court.
Given Defendants’ (and specifically, Defendants’ counsel’s) history in this case, only the
strongest showing of good cause will avoid the issuance of sanctions.

Initials of Preparer:

tg

______________________________________________________________________________
CIVIL MINUTES – GENERAL
1