Aurora Loan Services, LLC v. Certified Home Loans of Florida, Inc.
ORDER re 19 Plaintiff's MOTION for Order to Show Cause Why Orel Fernandez Should not be Held in Contempt of Court for Failing to Attend his Deposition filed by Aurora Loan Services, LLC, Lehman Brothers Bank, FSB. Signed by Magistrate Judge John J. O'Sullivan on 9/25/2008. (lc4)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-21841-CIV-HUCK/O'SULLIVAN AURORA LOAN SERVICES, LLC f/k/a AURORA LOAN SERVICES, INC., a Delaware limited liability company, Plaintiff, v. CERTIFIED HOME LOANS OF FLORIDA, INC., a Florida company, Defendant. ______________________________/ ORDER THIS MATTER comes before the Court on the plaintiff's Motion for Entry of Order to Show Cause Why Orel Fernandez Should Not be Held in Contempt of Court for Failing to Attend his Deposition (DE # 19, 9/3/08). Rule 7.1(C), Local Rules for the United States District Court for the Southern District of Florida provides, in pertinent part: Each party opposing a motion shall serve an opposing memorandum of law no later than ten days after service of the motion as computed in the Federal Rules of Civil Procedure. Failure to do so may be deemed sufficient cause for granting the motion by default. (Emphasis supplied). Having received no response from Orel Fernandez, and a response having been due, and having reviewed the applicable filings and law, it is hereby ORDERED AND ADJUDGED that Orel Fernandez shall appear for deposition in the above-styled case at 9:30 AM, Tuesday, October 7, 2008, at the office of counsel for the plaintiff, Baker & McKenzie, 1111 Brickell Avenue, Suite 1700, Miami, Florida
33131. It is further ORDERED AND ADJUDGED that the plaintiff shall serve this Order on Orel Fernandez. It is further ORDERED AND ADJUDGED that Orel Fernandez may be held in contempt for the failure to obey this Court Order and if he fails to appear for the deposition set by this Order. DONE AND ORDERED, in Chambers, at Miami, Florida this 25th day of September, 2008.
JOHN J. O'SULLIVAN UNITED STATES MAGISTRATE JUDGE Copies furnished to: U.S. District Judge Huck All counsel of record Sent by Chambers to: Orel Fernandez 2185 SW 17th Street Miami, FL 33145
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