Brown v. Stroud et al

Filing 316

ORDER TO SHOW CAUSE Show Cause Response due by 9/1/2011.. Signed by Judge Jeffrey S. White on 8/26/11. (jjoS, COURT STAFF) (Filed on 8/26/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STEVEN AMES BROWN,

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For the Northern District of California

United States District Court

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No. C 08-02348 JSW

Plaintiff,

ORDER TO SHOW CAUSE

v.
ANDREW B. STROUD, and STROUD
PRODUCTIONS AND ENTERPRISES, INC.,

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Defendants/Counterclaimants
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v.
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STEVEN AMES BROWN and ESTATE OF
NINA SIMONE,
Counterdefendants.
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This matter is set for a hearing on October 14, 2011 on the motion to dismiss filed by

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Steven Ames Brown (“Brown”) and the Estate of Nina Simone (“Estate”). Pursuant to Local

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Civil Rule of the Northern District 7-3, Counterclaimant Andrew Stroud and Stroud Productions

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and Enterprises, Inc. and Andy Stroud, Inc.’s (collectively, “Stroud”) opposition or statement of

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non-opposition to this motion was due to be filed and served by August 18, 2011, fourteen days

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after Brown and the Estate filed their motion to dismiss. To date, Stroud has not filed an

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opposition or statement of non-opposition.

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Stroud is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by no later

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than September 1, 2011, why the pending motion to dismiss should not be granted in light of

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their failure to file a timely opposition or statement of non-opposition. If Stroud seeks to file a

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substantive response to Brown and the Estate’s motion, Stroud must demonstrate good cause for

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failing to file their opposition brief in a timely fashion. Moreover, in their response to this

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OSC, Stroud is also directed to show cause why their claims should not be dismissed for failure

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to prosecute. Stroud is admonished that their failure to respond this Order by September 1,

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2011, will result in a dismissal of their claims.

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If Stroud seeks to file a substantive response to Brown and the Estate’s motion and

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demonstrates good cause for their delay, the Court will provide Brown and the Estate an

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opportunity to file a reply brief.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: August 26, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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