Century 21 Real Estate LLC. v. ED/VAR INC. et al

Filing 42

ORDER DISCHARGING ORDER TO SHOW CAUSE; STRIKING ANSWER OF ED/VAR INC. The court finds that Carlos Vargas has demonstrated good cause as required. The Order to Show Cause is therefore DISCHARGED as to him. However, ED/VAR Inc. has failed to show good cause and has failed to retain counsel as previously ordered. Its answer is therefore STRICKEN. Signed by Judge Edward J. Davila on 10/22/2013. (ejdlc1, COURT STAFF) (Filed on 10/22/2013) (Additional attachment(s) added on 10/22/2013: # 1 Certificate of Service) (ecg, COURT STAFF).

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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
CASE NO. 5:13-cv-00887 EJD

CENTURY 21 REAL ESTATE LLC,

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ORDER DISCHARGING ORDER TO
SHOW CAUSE; STRIKING ANSWER
OF ED/VAR INC.

Plaintiff(s),
For the Northern District of California

United States District Court

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v.
ED/VAR INC., et. al.,

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Defendant(s).
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On September 24, 2013, the court issued an order requiring Defendants ED/VAR Inc. and

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Carlos Vargas to show cause on or before October 8, 2013, why their answers should not be

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stricken. See Docket Item No. 39. The court observed that despite previous instructions, an

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attorney had not appeared in this action on behalf of ED/VAR Inc. In addition, the docket revealed

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that Vargas did not participate in the preparation of a Joint Case Management Statement in

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anticipation of the scheduling conference on September 27, 2013. Under those circumstances, it

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appeared to the court that ED/VAR Inc. and Carlos Vargas had abandoned their defense.

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Plaintiff filed a return to the show cause order explaining that Carlos Vargas had, in fact,

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attempted to participate in the preparation of a Joint Case Management Statement but that his

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proposed revisions were not ultimately incorporated due to issues related to timing. See Docket

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Item No. 40. Plaintiff further stated that ED/VAR Inc. did not participate and had not retained

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counsel.

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Accordingly, the court finds based on Plaintiff’s filing that Carlos Vargas has demonstrated
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CASE NO. 5:13-cv-00887 EJD
ORDER DISCHARGING ORDER TO SHOW CAUSE; STRIKING ANSWER OF ED/VAR INC.

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good cause as required. The Order to Show Cause is therefore DISCHARGED as to him. However,

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ED/VAR Inc. has failed to show good cause and has failed to retain counsel as previously ordered.

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Its answer filed May 1, 2013, is therefore STRICKEN.

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IT IS SO ORDERED.

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Dated: October 22, 2013
EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:13-cv-00887 EJD
ORDER DISCHARGING ORDER TO SHOW CAUSE; STRIKING ANSWER OF ED/VAR INC.