Lukenheimer Company et al v. Tyco Flow Control Pacific Pty Ltd. et al

Filing 49

ORDER GRANTING IN PART PLAINTIFFS MOTION FOR ADDITIONAL TIME WITHIN WHICH TO OBTAIN NEW COUNSEL AND TO FILE A REPLY TO DEFENDANTS' COUNTERCLAIM (Doc. 47 ). Signed by Judge Timothy S. Black on 11/14/12. (mr1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
LUNKENHEIMER COMPANY, et al.,
Plaintiffs,
vs.
TYCO FLOW CONTROL PACIFIC
PTY LTD., et al.,
Defendants.

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Case No. 1:11-cv-824
Judge Timothy S. Black

ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR ADDITIONAL
TIME WITHIN WHICH TO OBTAIN NEW COUNSEL AND TO FILE A REPLY
TO DEFENDANTS’ COUNTERCLAIM (Doc. 47)
This civil case is before the Court on Plaintiffs’ motion for additional time within
which to obtain new counsel and to file a reply to Defendants’ counterclaim. (Doc. 47).
On August 28, 2012, Plaintiffs’ counsel were granted leave to withdraw from
representing Plaintiffs, and the Court ordered Plaintiffs to obtain new counsel forthwith
and file their reply to the Counterclaim on or before October 19, 2012. (Doc. 30).
On October 23, 2012, after Plaintiffs had failed to comply, the Court ordered them
to show cause why the case should not be dismissed or to secure counsel and file their
reply to the Counterclaim within fourteen days. (Doc. 46).
Now Plaintiffs move for sixty additional days within which to comply with the
Court’s Order. (Doc. 47). Defendants understandably, and vociferously, oppose the
extension. (Doc. 48).
Because sixty days is excessive in light of the significant delay already caused by
Plaintiffs’ failure to comply with the orders of the Court, Plaintiffs’ motion is

GRANTED ONLY IN PART. Plaintiffs shall have THIRTY DAYS from the entry of
this Order to secure counsel and file a reply to the Counterclaim, i.e., by December 14,
2012.
IF PLAINTIFFS FAIL TO COMPLY WITH THIS ORDER, THE COURT
WILL DISMISS PLAINTIFFS’ CLAIMS AND WILL ENTER JUDGMENT
AGAINST PLAINTIFFS ON DEFENDANTS’ COUNTERCLAIMS.
IT IS SO ORDERED.

s/ Timothy S. Black
Timothy S. Black
United States District Judge

Date: November 14, 2012

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