AURORA CASKET COMPANY, LLC v. CARIBBEAN FUNERAL SUPPLY CORP.

Filing 57

ENTRY FOLLOWING POSITION STATEMENTS - As previously ordered, counsel admitted to the bar of this Court or by pro hac vice admission shall immediately enter an appearance and Caribbean shall file an answer to Aurora's Amended Complaint by Thursda y, February 8, 2018. If Caribbean files an answer to the Amended Complaint, and admitted counsel files an appearance, the parties shall contact the Magistrate Judge forthwith regarding scheduling an initial pretrial conference, and setting a date by which the parties will submit a joint Case Management Plan. If Caribbean fails to timely respond to the Amended Complaint, Aurora may take the necessary steps to move for the entry of a clerk's default followed by a default judgment against Caribbean. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/5/2018 (copies mailed per distribution list).(LBT)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION AURORA CASKET COMPANY, LLC, Plaintiff, v. CARIBBEAN FUNERAL SUPPLY CORP., Defendant. ) ) ) ) ) ) ) ) ) Case No. 4:17-cv-00220-TWP-DML ENTRY FOLLOWING POSITION STATEMENTS On November 27, 2017, this case was transferred to this court from the United States District Court for the District of Puerto Rico as a result of that court’s grant of a motion to transfer filed by Defendant Caribbean Funeral Supply Corp. (“Caribbean”). (Filing No. 38.) On December 14, 2017, this Court ordered the parties to file a statement of position as required by Local Rule 16-2 by January 5, 2018. (Filing No. 43.) Plaintiff Aurora Casket Company, LLC (“Aurora”) complied and timely filed its position statement. (Filing No. 54.) Caribbean failed to comply by the deadline and was granted an extension until January 31, 2018 to file a statement of position, and to appear by counsel admitted to the bar of this Court or by pro hac vice admission. (Filing No. 55.) Caribbean has again failed to comply with the Court’s orders. Accordingly, the Court orders the following based on Aurora’s position statement regarding what action the Court should take next in this case: 1. As previously ordered, counsel admitted to the bar of this Court or by pro hac vice admission shall immediately enter an appearance and Caribbean shall file an answer to Aurora’s Amended Complaint by Thursday, February 8, 2018. 2. If Caribbean files an answer to the Amended Complaint, and admitted counsel files an appearance, the parties shall contact the Magistrate Judge forthwith regarding scheduling an initial pretrial conference, and setting a date by which the parties will submit a joint Case Management Plan. 3. If Caribbean fails to timely respond to the Amended Complaint, Aurora may take the necessary steps to move for the entry of a clerk’s default followed by a default judgment against Caribbean. SO ORDERED. Date: 2/5/2018 DISTRIBUTION: Gregory W. Pottorff ICE MILLER LLP (Indianapolis) gregory.pottorff@icemiller.com Stephen Elliot Reynolds ICE MILLER LLP (Indianapolis) stephen.reynolds@icemiller.com Pedro Rafael Vazquez-Pesquera 112 Uruguay Hato Rey, Puerto Rico 00917 Luz C. Molinelli-Gonzalez Caribbean Legal Advisors 112 Uruguay St. San Juan, PR 00917 2

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