LaChapelle et al v. Maier et al

Filing 40

ORDER TO SHOW CAUSE. Show Cause Response due by 1/13/2016.. Signed by Magistrate Judge Jacqueline Scott Corley on 1/6/2016. (ahm, COURT STAFF) (Filed on 1/6/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH LACHAPELLE, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 15-cv-04216-JSC
ORDER TO SHOW CAUSE

v.
KLAUS MAIER, et al.,
Defendants.

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Plaintiffs Joseph Lachapelle and James Field (“Plaintiffs”) filed an action against

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Defendants Dong Kwan Kim (“Kim”), Young Song (“Song”), ZeroDesktop, Inc.

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(“ZeroDesktop”), Klaus Maier (“Maier”), nComputing, Inc. (“nComputing”), Daehong Technew

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Corp. (“DTC”), and a number of Doe Defendants (collectively “Defendants”) to recover allegedly

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fraudulent transfers and for damages. See Lachapelle v. Kim, No. 3:15-cv-2195 (the “Initial

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Action”). Plaintiffs allege that Defendants engaged in a scheme to transfer assets from

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nComputing to ZeroDesktop to prevent Plaintiffs from satisfying an outstanding judgment against

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Kim. When nComputing and Maier failed to appear in the Initial Action, pursuant to the parties’

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consent to severance, the Court severed the claims against defaulting defendants nComputing and

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Maier, and assigned to the severed case to the undersigned judge. LaChapelle v. Kim, No. 3:15-

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cv-2195, Dkt. No. 32 (Sept. 4, 2015). Plaintiffs have since filed a notice of voluntary dismissal in

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the Initial Action, listing nComputing and Maier in the case caption, but not referencing this

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action’s case number. LaChapelle v. Kim, No. 3:15-cv-2195, Dkt. No. 50 (Dec. 17, 2015). Given

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that the claims are identical, Plaintiffs are ORDERED TO SHOW CAUSE by January 13, 2016

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why the instant action against the defaulting defendants should not be dismissed without prejudice

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pursuant to the notice of dismissal filed in the Initial Action.

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IT IS SO ORDERED.
Dated: January 6, 2016

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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