Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund et al v. Porges et al.

Filing 40

ORDER to Strike Answer of Porges Defendants 10 , signed by District Judge Lawrence J. O'Neill on 5/14/13. Deadline: 6/10/2013. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF IBEW
LOCAL UNION NO. 100 PENSION
TRUST FUND, et al.,

CASE NO. CV F 11-2048 LJO SKO
ORDER TO STRIKE ANSWER OF PORGES
DEFENDANTS
(Docs. 10, 39.)

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Plaintiff,
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vs.
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WILLIAM CHARLES PORGES, et al.,
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Defendants.
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/

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This Court’s May 9, 2013 notice admonished defendants William Charles Porges (“Mr. Porges”)

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and Porges Enterprises, Inc. (“Porges, Inc.”) of this Court’s intent to strike their answer, unless no later

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than May 13, 2013:

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1.

Porges, Inc. appears in this action through counsel; and

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2.

Mr. Porges and Porges, Inc. file and serve papers to show good cause for their failure to

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file a joint pretrial statement and to defend meaningfully the claims against them.

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Porges, Inc. failed to secure counsel and Mr. Porges and Porges, Inc. failed to file and serve

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papers to show good cause for their failure to file a joint pretrial statement and to defend meaningfully

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the claims against them. As such, this Court:

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1.

STRIKES the answer of Mr. Porges and Porges, Inc. (doc. 10);

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2.

VACATES the May 15, 2013 pretrial conference and June 25, 2013 trial;
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3.

ORDERS plaintiffs, no later than June 10, 2013, to file and serve papers to either: (a)

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dismiss this action against Mr. Porges and Porges, Inc.; or (b) seek entry of default and

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default judgment against Mr. Porges and Porges, Inc. A default judgment hearing is to

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be set before U.S. Magistrate Judge Sheila Oberto.

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The clerk is directed to serve a copy of this order on Mr. Porges and Porges, Inc. at Accelerated
Electric, Inc., 855K South Main Street, #441, Fallbrook, CA 92028.

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IT IS SO ORDERED.
Dated:

May 14, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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