Gallindo et al v. Lowden et al

Filing 47

ORDER that the 40 Order to Show Cause is DISCHARGED. Defendant Lowden's 43 Motion to Extend Time is Granted in part. The Court extends the time for the filing of a notice of appearance of counsel to 2/23/2017. Response to 35 Motio n to Compel due by 3/9/2017. Failure to file a response with proper points and authorities by that date will constitute consent to the granting of the motion. LR 7-2(d). Signed by Magistrate Judge Nancy J. Koppe on 2/24/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RAVEN ENTERTAINMENT, et al.,
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Plaintiffs,
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vs.
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CHRISTOPHER LOWDEN, et al.,
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Defendants.
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Case No. 2:15-cv-02299-GMN-NJK
ORDER

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On November 15, 2016, the Court granted the motion for Defendants’ attorneys to withdraw.

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Docket No. 33. As part of that order, the Court required all corporate Defendants to retain counsel and

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have them file a notice of appearance by December 16, 2016. See id. The Court further ordered the

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individual Defendants to either file a notice of intent to proceed pro se or have any newly retained

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attorney file a notice of appearance by December 16, 2016. See id. Defendants did not comply. Instead,

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Defendant Christopher Lowden filed a request to extend the time for himself and two of the corporate

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defendants to comply. Docket No. 38.1 The Court granted that motion and extended the above deadline

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to January 13, 2017. Docket No. 39. The Court also cautioned that “THE FAILURE TO COMPLY

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WITH THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS, UP TO AND

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INCLUDING CASE-DISPOSITIVE SANCTIONS.” Id. (emphasis in original).

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Defendant Harold Gray neither complied with the Court’s order nor sought an extension of the
pertinent deadline.

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On January 24, 2017, after Defendants had failed to comply with the Court’s order, the Court

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ordered Defendants to show cause in writing, by February 7, 2017, why default judgment should not be

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entered for their failure to comply with the Court’s orders. Docket No. 40. On February 7, 2017,

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Defendant Gray filed a response to the Court’s order to show cause and, on February 8, 2017, Defendant

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Lowden filed a response. Docket Nos. 41, 42. Further, on February 8, 2017, Defendant Lowden filed

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a motion to extend the time to comply for another 30 days. Docket No. 43.

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On February 23, 2017, the Court held a hearing on the order to show cause and Defendant

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Lowden’s motion. Docket No. 45. Attorney Tony Abbatangelo appeared at the hearing and indicated

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his intent to enter his appearance on behalf of all Defendants. Id. The Court ordered that Mr.

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Abbatangelo was to do so no later than the end of the day. Id. On February 23, 2017, Mr. Abbatangelo

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entered his appearance in the instant case on behalf of all Defendants. Docket No. 46.2

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Accordingly,

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IT IS ORDERED that the order to show cause, Docket No. 40, is hereby DISCHARGED.

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IT IS FURTHER ORDERED that Defendant Lowden’s motion for extension of time, Docket

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No. 43, is hereby GRANTED in part. The Court extends the time for the filing of a notice of

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appearance of counsel to February 23, 2017.

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IT IS FURTHER ORDERED that a response to Plaintiffs’ motion to compel, Docket No. 35,

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shall be filed no later than March 9, 2017. Failure to file a response with proper points and authorities

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by that date will constitute consent to the granting of the motion. LR 7-2(d).

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IT IS SO ORDERED.

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DATED: February 24, 2017.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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The Court notes that, although Mr. Abbatangelo’s filing indicates his notice of appearance for all
Defendants, it appears as if he filed it only on behalf of Defendants Lowden and Gray. Docket No. 46. The
Court therefore INSTRUCTS the Clerk’s Office to amend the docket so as to enter Mr. Abbatangelo’s
appearance on behalf of all Defendants.
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