You're viewing Docket Item 42 from the case Century 21 Real Estate LLC. v. ED/VAR INC. et al. View the full docket and case details.

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Case5:13-cv-00887-EJD Document42 Filed10/22/13 Page1 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CENTURY 21 REAL ESTATE LLC,

Plaintiff(s),

v.
ED/VAR INC., et. al.,

/

Defendant(s).

CASE NO. 5:13-cv-00887 EJD
ORDER DISCHARGING ORDER TO
SHOW CAUSE; STRIKING ANSWER
OF ED/VAR INC.

On September 24, 2013, the court issued an order requiring Defendants ED/VAR Inc. and

Carlos Vargas to show cause on or before October 8, 2013, why their answers should not be
stricken. See Docket Item No. 39. The court observed that despite previous instructions, an
attorney had not appeared in this action on behalf of ED/VAR Inc. In addition, the docket revealed
that Vargas did not participate in the preparation of a Joint Case Management Statement in
anticipation of the scheduling conference on September 27, 2013. Under those circumstances, it
appeared to the court that ED/VAR Inc. and Carlos Vargas had abandoned their defense.

Plaintiff filed a return to the show cause order explaining that Carlos Vargas had, in fact,

attempted to participate in the preparation of a Joint Case Management Statement but that his
proposed revisions were not ultimately incorporated due to issues related to timing. See Docket
Item No. 40. Plaintiff further stated that ED/VAR Inc. did not participate and had not retained
counsel.

Accordingly, the court finds based on Plaintiff’s filing that Carlos Vargas has demonstrated

CASE NO. 5:13-cv-00887 EJD
ORDER DISCHARGING ORDER TO SHOW CAUSE; STRIKING ANSWER OF ED/VAR INC.

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Case5:13-cv-00887-EJD Document42 Filed10/22/13 Page2 of 2

good cause as required. The Order to Show Cause is therefore DISCHARGED as to him. However,
ED/VAR Inc. has failed to show good cause and has failed to retain counsel as previously ordered.
Its answer filed May 1, 2013, is therefore STRICKEN.
IT IS SO ORDERED.

Dated: October 22, 2013


EDWARD J. DAVILA
United States District Judge

CASE NO. 5:13-cv-00887 EJD
ORDER DISCHARGING ORDER TO SHOW CAUSE; STRIKING ANSWER OF ED/VAR INC.

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