Edward Rotstein, et al v. Terrafusion, Inc. et al

Filing 55

ORDER DENYING REQUEST FOR EXTENSION. Signed by Judge Richard Seeborg on 2/3/17. (cl, COURT STAFF) (Filed on 2/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRAFUSION INTERNATIONAL, INC.,
et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 15-cv-02993-RS
ORDER DENYING REQUEST FOR
EXTENSION

v.
TERRAFUSION, INC., et al.,
Defendants.

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In November 2016, Plaintiffs filed motions to dismiss and for summary judgment. Shortly

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thereafter counsel for Defendants moved to withdraw. The withdrawal motion was granted and

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Defendants were ordered to retain new counsel immediately. The hearing on Plaintiffs’ motions

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was continued from December 15, 2016 to February 16, 2017.

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At this point, Defendants still have not retained new counsel, nor opposed the pending

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motions. In a letter dated January 11, 2017, Mark Cukier, acting on behalf of TerraFusion Inc.

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and MCC Partners NY LLC, requested another sixty day continuance. While Mr. Cukier may not

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appear in federal court on behalf of his corporation, the request is nevertheless considered in order

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to avoid confusion. No good cause appearing, the request is denied. The hearing on Plaintiffs’

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motions will remain on calendar for February 16, 2017. Defendants have until February 10, 2017

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to appear through counsel and oppose the motions. If they fail to do so, Plaintiffs will be directed

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to move for default judgment against them. See United States v. High Country Broad. Co., 3 F.3d

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1244, 1245 (9th Cir. 1993) (holding that when a defendant is ordered to retain counsel and the

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defendant fails to do so, entry of a default judgment against defendant is “perfectly appropriate”).

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In the event that Defendants file opposition briefs on or before February 10, 2017, Plaintiffs shall

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file reply briefs, if any, on or before February 15, 2017. Pursuant to the order granting Zvi

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Silver’s motion to withdraw as counsel, Mr. Silver is directed forward this order to Defendants.

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IT IS SO ORDERED.

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Dated: February 3, 2017
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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ORDER RE: REQUEST FOR EXTENSION
CASE NO. 15-cv-02993-RS

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