Johnson v. Private Capital Fund, LLC, et al.

Filing 37

ORDER signed by District Judge Morrison C. England, Jr on 2/27/19 DISMISSING Plaintiffs claims against Raymond Yiu Lee and Sanchalee Santhong Lee with prejudice. In addition, pursuant to the stipulation of the parties 34 the remainder of the action is also DISMISSED with prejudice, each party to bear its own fees and costs. The Clerk of the Court is directed to close this case. CASE CLOSED.(Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SCOTT JOHNSON,

12

Plaintiff,

13
14

No. 2:15-cv-02125-MCE-KJN

v.

ORDER

PRIVATE CAPITAL FUND, LLC, et al.,

15

Defendants.

16
On April 12, 2018, this Court issued an Order to Show Cause based on the

17
18

apparent failure to defend on the part of individual Defendants Raymond Yiu Lee and

19

Sanchalee Santhong Lee. The Court warned that the failure to respond would result in

20

sanctions. Given that no response was ever received and that the individual Plaintiffs

21

have failed for over two years to participate in this action, their Answer (ECF No. 5) was

22

STRICKEN. ECF No. 35. The Court also directed that any Request for Default must be

23

filed not later than February 21, 2019, and that, absent such a filing the claims against

24

the individual Defendants would be dismissed with prejudice upon no further notice to

25

the parties. No filing has been received. Accordingly, Plaintiffs claims against Raymond

26

Yiu Lee and Sanchalee Santhong Lee are hereby DISMISSED with prejudice.

27

///

28

///
1

1

In addition, pursuant to the stipulation of the parties (ECF No. 34) the remainder

2

of the action is also DISMISSED with prejudice, each party to bear its own fees and

3

costs. The Clerk of the Court is directed to close this case.

4
5

IT IS SO ORDERED.
Dated: February 27, 2019

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2