Keywanfar v. Silverleaf Financial et al

Filing 35

MEMORANDUM DECISION AND ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within Fourteen (14) days. from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Judge Ted Stewart on 2/27/14. (ss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
BENJAMIN KEYWANFAR, an individual,
MEMORANDUM DECISION AND
ORDER TO SHOW CAUSE

Plaintiff,
v.
SILVERLEAF FINANCIAL, a Utah limited
liability company, ACM SILVERLEAF III
B, a Florida limited liability company, D.
SHANE BALDWIN, an individual,

Case No. 2:12-CV-602 TS
District Judge Ted Stewart

Defendants.

This action was filed by Plaintiff in June 2012 and alleges causes of action against
Defendants for breach of contract, breach of the covenant of good faith and fair dealing, unjust
enrichment, fraud, fraudulent misrepresentation, fraudulent inducement, negligent
misrepresentation, and declaratory relief. 1 The Court issued its Amended Scheduling Order on
February 26, 2013, setting an eight-day bench trial to begin on January 13, 2014. 2 On November
20, 2013, the Court entered its Trial Order, reiterating that the trial would begin on January 13,
2014. 3 On December 11, 2013, the Court set the final pretrial conference for January 6, 2014. 4
Defendants did not appear at the final pretrial conference. On January 21, 2014, Plaintiff filed its
Motion for Default Judgment. 5 Defendants have failed to respond to that motion.

1

Docket No. 2.

2

Docket No. 28.

3

Docket No. 30.

4

Docket No. 31.

5

Docket No. 34.

1

Federal Rule of Civil Procedure 16(f) provides that “[o]n motion or on its own, the court
may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)–(vii), if a party or
its attorney: (A) fails to appear at a scheduling or other pretrial conference.” 6 Sanctions
authorized by Rule 37(b)(2)(A) include “striking pleadings in whole or in part” 7 and “rendering a
default judgment against the disobedient party.” 8
The Court will issue an Order to Show Cause to give Defendants fourteen days to show
cause before the Court considers Plaintiff’s Motion for Default Judgment. 9 Defendants have
fourteen days from the date of this Order to respond to the Court in writing as to why they failed
to appear at the pretrial conference and why judgment should not be entered. Failure to respond
may result in sanctions, up to and including terminating sanctions.
It is therefore
ORDERED that Defendants show cause in writing, within fourteen (14) days as to why
they failed to appear at the pretrial conference and why judgment should not be entered.
DATED this 27th day of February, 2014.
BY THE COURT:

Ted Stewart
United States District Judge

6

Fed. R. Civ. P. 16(f).

7

Id. 37(b)(2)(A)(iii).

8

Id. 37(b)(2)(A)(vi).

9

Docket No. 34.

2