Bank of America, N.A., v. Luberski, Inc. et al

Filing 28

MINUTES (IN CHAMBERS) (1) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION; AND (2) ORDER VACATING FINAL PRETRIAL CONFERENCE SET FOR FRIDAY, APRIL 21, 2017 AT 1:31 P.M. by Judge Josephine L. Staton. Counsel for Luberski is hereby ORDERED to show cause in writing no later than April 18, 2017, why this case should not be dismissed pursuant to Fed. R. Civ. P. 41, for lack of prosecution. No oral argument on this matter will be heard unless ordered by the Court. The O rder to Show Cause will stand submitted upon the filing of an appropriate response. Because the Court finds a final pretrial conference unnecessary at this time, the Court VACATES the final pretrial conference scheduled for Friday, April 21, 2017 at 1:31 p.m. (see document for details). (dro)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:16-cv-892-JLS-KESx
Title: Bank of America, N.A. v. Luberski, Inc., et al.

Date: April 13, 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) (1) ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE DISMISSED FOR LACK OF
PROSECUTION; AND (2) ORDER VACATING FINAL
PRETRIAL CONFERENCE SET FOR FRIDAY, APRIL 21,
2017 AT 1:31 P.M.
On October 27, 2016, the Clerk entered default against Defendant Shehu Tijani
Alimi. (Default by Clerk, Doc. 24.) On February 2, 2017, the Court granted Plaintiff
Bank of America, N.A.’s motion to interplead and dismiss. (Dismissal Order, Doc. 26.)
The Court received Bank of America’s deposit of the disputed funds on March 3, 2017
whereupon Bank of America was dismissed from the action. (See id. at 5 (“Upon deposit
of the Disputed Funds . . . Bank of America is DISMISSED from the action.”).) The only
claims remaining in this action are Defendant Luberski, Inc.’s crossclaims against Alimi.
(See Crossclaim, Doc. 12.) Luberski has not yet moved for default judgment against
Alimi.
Counsel for Luberski is hereby ORDERED to show cause in writing no later than
April 18, 2017, why this case should not be dismissed pursuant to Fed. R. Civ. P. 41, for
lack of prosecution. No oral argument on this matter will be heard unless ordered by the
Court. The Order to Show Cause will stand submitted upon the filing of an appropriate
response. Because the Court finds a final pretrial conference unnecessary at this time, the
Court VACATES the final pretrial conference scheduled for Friday, April 21, 2017 at
1:31 p.m.
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CIVIL MINUTES – GENERAL
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____________________________________________________________________________

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:16-cv-892-JLS-KESx
Title: Bank of America, N.A. v. Luberski, Inc., et al.

Date: April 13, 2017

Counsel is advised that the Court will consider the filing of a regularly noticed
motion for default judgment on or before the date upon which the response is due, as a
satisfactory response to the Order to Show Cause.

Initials of Preparer: tg

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CIVIL MINUTES – GENERAL
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