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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERRAFUSION INTERNATIONAL, INC., et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-02993-RS ORDER DENYING REQUEST FOR EXTENSION v. TERRAFUSION, INC., et al., Defendants. 12 13 In November 2016, Plaintiffs filed motions to dismiss and for summary judgment. Shortly 14 thereafter counsel for Defendants moved to withdraw. The withdrawal motion was granted and 15 Defendants were ordered to retain new counsel immediately. The hearing on Plaintiffs’ motions 16 was continued from December 15, 2016 to February 16, 2017. 17 At this point, Defendants still have not retained new counsel, nor opposed the pending 18 motions. In a letter dated January 11, 2017, Mark Cukier, acting on behalf of TerraFusion Inc. 19 and MCC Partners NY LLC, requested another sixty day continuance. While Mr. Cukier may not 20 appear in federal court on behalf of his corporation, the request is nevertheless considered in order 21 to avoid confusion. No good cause appearing, the request is denied. The hearing on Plaintiffs’ 22 motions will remain on calendar for February 16, 2017. Defendants have until February 10, 2017 23 to appear through counsel and oppose the motions. If they fail to do so, Plaintiffs will be directed 24 to move for default judgment against them. See United States v. High Country Broad. Co., 3 F.3d 25 1244, 1245 (9th Cir. 1993) (holding that when a defendant is ordered to retain counsel and the 26 defendant fails to do so, entry of a default judgment against defendant is “perfectly appropriate”). 27 In the event that Defendants file opposition briefs on or before February 10, 2017, Plaintiffs shall 28 file reply briefs, if any, on or before February 15, 2017. Pursuant to the order granting Zvi 1 Silver’s motion to withdraw as counsel, Mr. Silver is directed forward this order to Defendants. 2 3 IT IS SO ORDERED. 4 5 6 7 Dated: February 3, 2017 ______________________________________ RICHARD SEEBORG United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDER RE: REQUEST FOR EXTENSION CASE NO. 15-cv-02993-RS 28 2

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