LHF Productions, Inc. v. Does

Filing 39

ORDER that the pending 28 Order to Show Cause is Discharged. The Court finds a hearing unnecessary so Plaintiff's 38 Motion for Hearing is Denied. Signed by Magistrate Judge Nancy J. Koppe on 5/12/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 LHF PRODUCTIONS, INC., 11 12 13 14 15 ) ) Plaintiff(s), ) ) vs. ) ) JAKE ANDERSON, et al., ) ) Defendant(s). ) __________________________________________) Case No. 2:16-cv-01804-JAD-NJK ORDER (Docket Nos. 28, 38) 16 Pending before the Court is the order for Plaintiff to show cause why certain defendants should not 17 be dismissed for lack of service and failure to prosecute. Docket No. 28.1 In particular, that order noted 18 that the amended complaint continued to identify 14 Doe Defendants despite more than eight months in 19 which Plaintiff could conduct discovery, and further that no action had been taken against two named 20 Defendants who had been served but had not yet appeared. Id. Plaintiff has now filed a response, along 21 with a motion for a hearing. Docket Nos. 37, 38. 22 Following the issuance of the order to show cause, Plaintiff voluntarily dismissed the remaining Doe 23 Defendants. Docket No. 31. As such, that issue is now moot. Also following the issuance of the order to 24 show cause, Plaintiff has moved forward with its claims against the named Defendants who have been 25 served but have not appeared, voluntarily dismissing one and obtaining Clerk’s default for the other. 26 1 27 28 A second order to show cause was issued in this case. Docket No. 29. Plaintiff was given an extension to respond to that order to show cause, Docket No. 35, and it remains pending. This order does not resolve the issues raised therein. 1 Docket Nos. 30, 34. Given the circumstances, the Court will discharge the order to show cause with respect 2 to these named Defendants. 3 For the foregoing reasons, the pending order to show cause at Docket No. 28 is hereby 4 DISCHARGED. Moreover, the Court finds a hearing unnecessary, so Plaintiff’s motion for a hearing at 5 Docket No. 38 is DENIED. See Local Rule 78-1. 6 IT IS SO ORDERED 7 Dated: May 12, 2017 8 9 ________________________________________ NANCY J. KOPPE United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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