Synnex Corporation v. Florida Micro, LLC et al

Filing 18

ORDER TO SHOW CAUSE Re: Failure to Prosecute. Motions terminated: 16 MOTION for Default Judgment by the Clerk as to Declaration of Simon Leung In Support of Request for Default Judgment filed by Synnex Corporation. Order to Show Cause Hearing set for 2/19/2013 at 10:00 AM. Show Cause Response due by 2/12/2013. Signed by Magistrate Judge Howard R. Lloyd on February 5, 2013. (hrllc1, COURT STAFF) (Filed on 2/5/2013) Modified on 2/5/2013 (hrllc1, COURT STAFF).

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*E-FILED: February 5, 2013*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SYNNEX CORPORATION,
Plaintiff,

For the Northern District of California

United States District Court

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v.

No. C11-06601 HRL
ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

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FLORIDA MICRO, LLC ET AL.,
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Defendants.
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Plaintiff Synnex Corporation (“Synnex”) sued Florida Micro, LLC (“Florida Micro”) in

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December 2011, alleging that Florida Micro breached an agreement to purchase about $600,000

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worth of electronic products from Synnex. Florida Micro has failed to appear or respond to the
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complaint. Although it appears that Synnex seeks a default judgment against Florida Micro, Synnex

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has not complied with this Court’s order to follow the procedural requirements for obtaining such a

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judgment. In March 2012, Synnex filed a “Declaration of Jeffrey M. Galen In Support of Request

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for Default Judgment.” (Dkt. 9). At the Initial Case Management Conference in June, the Court

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informed Plaintiff that Entry of Default is the essential first step in obtaining a default judgment for

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failure to respond. The Court ordered Plaintiff to file a request for Entry of Default. About two

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weeks later, Plaintiff filed a “Declaration of Simon Leung in Support of Request For Default

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Judgment.” (Dkt. 16). The second declaration does nothing to advance the case and Plaintiff has

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yet to request Entry of Default from the Clerk of Court.

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Accordingly, Plaintiff’s lead counsel shall appear in person on February 19, 2013 at 10:00
am in Courtroom 2, Fifth Floor, 280 South First St., San Jose CA 95113 and show cause, if any,
why this case should not be dismissed for failure to prosecute. If, however, Plaintiff has requested

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Entry of Default or otherwise advanced the case, the Show Cause hearing will be automatically
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vacated. The motion styled “Declaration of Simon Leung in Support of Request For Default

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Judgment” is terminated.

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IT IS SO ORDERED.
Dated: February 5, 2013

For the Northern District of California

United States District Court

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HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C11-06601 HRL Order will be electronically mailed to:

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Jeffrey Michael Galen [e-mail]

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C11-06601 HRL Order was NOT electronically mailed to:

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Glenn D. Davis
Galen & Davis LLP
16255 Ventura Boulevard
Suite 440
Encino, CA 91436

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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