Travelers Casualty v. Dunmore, et al

Filing 164

ORDER signed by Senior Judge Lawrence K. Karlton on 9/17/2010 ORDERING that Counsel for Dunmore is ORDERED TO SHOW CAUSE why sanctions should not issue, including a fine of $150 and/or dismissal of Dunmore's counterclaim. Counsel shall file a response to this Order to Show Cause by 9/24/2010. Hearing on Pltf's 154 Motion to Strike and for a More Definite Statement is CONTINUED to 10/12/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Dunmore shall file his opposition by 9/24/2010, Pltf may file a reply by 10/1/2010. (Zignago, K.)

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Travelers Casualty v. Dunmore, et al Doc. 164 1 2 3 4 5 6 7 8 9 10 11 NO. CIV. S-07-2493 LKK/DAD 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. ORDER SIDNEY B. DUNMORE, an individual; SID DUNMORE TRUST DATED FEBRUARY 28, 2003, a California trust; SIDNEY B. DUNMORE, Trustee for Sid Dunmore Trust Dated February 28, 2003; DHI DEVELOPMENT, a California corporation, Defendants. / Plaintiff in this case brings claims arising out of several indemnity agreements with defendants. On July 14, 2010, plaintiff filed its first amended complaint. On August 3, 2010, defendant Sidney B. Dunmore filed an answer and counterclaim against Plaintiff, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA plaintiff. On August 24, 2010, plaintiff filed a motion to strike and a motion for a more definite statement regarding Dunmore's 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 answer and counterclaim. This motion was noticed to be heard on September 27, 2010. Pursuant to Local Rule 230(c), Dunmore's opposition or statement of non-opposition was due on September 13, 2010. In violation of this rule, Dunmore has failed to respond to the noticed motion. Based on the above, the court ORDERS as follows: 1. Counsel for Dunmore is hereby ORDERED TO SHOW CAUSE in writing why sanctions should not issue in accordance with Local Rule 110, including a fine of $150 and/or dismissal of Dunmore's counterclaim. See also Fed. R. Civ. P. 41(b), Link v. Wabash R.R., 370 U.S. 626, 633 (1962). Counsel shall file a response to this order to show cause no later than September 24, 2010. 2. Hearing on plaintiff's motion to strike and for a more definite statement (ECF No. 154) is CONTINUED to October 12, 2010 at 10:00 a.m. 3. Dunmore shall file and serve his opposition or statement of non-opposition on or before September 24, 2010. Plaintiff may file and serve a reply no later than October 1, 2010. IT IS SO ORDERED. DATED: September 17, 2010. 2

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