LUX EAP, LLC v. Kathleen A. Bruner et al
| LUX EAP, LLC |
| Kathleen Bruner, Robert Bruner, Robert Burke, Community Action Employee Assistance Program, Inc. and John Jane Does |
| 5:2017cv01359 |
| July 6, 2017 |
| US District Court for the Central District of California |
| Dolly M. Gee |
| Sheri Pym |
| Other |
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Filing
162
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE RE COUNTERCLAIMANTS' FOURTH AMENDED COUNTERCLAIM by Judge Dolly M. Gee: The Court issued a Final Judgment in this action on 4/8/2019 154 . As a part of that Judgment, the Court stayed the Counterclai ms of Kathleen A. and Robert Bruner pending the appeal to the Ninth Circuit of several of this Court's rulings. The Ninth Circuit affirmed this Court's decisions on 4/24/2019 and issued its formal mandate on 6/18/2020 160 . The Bruners the n filed a Fourth Amended Counterclaim on 7/15/2020 161 . Because the appeal to the Ninth Circuit has concluded, the Court lifts the stay on the Bruners' Counterclaims and places this action back into active status. But the Bruners are hereby OR DERED TO SHOW CAUSE why the Court should not strike their Fourth Amended Counterclaim for their failure to seek the Court's leave, either by stipulation or motion, before filing the document. Indeed, the Court's Final Judgment did not grant the Bruners leave to file amended counterclaims after the Ninth Circuit's resolution of their appeal, and it appears that the deadline for filing amended pleadings expired long ago. The Bruners shall respond to this Order in writing, not to exceed five pages, by 7/30/2020. The failure to provide a satisfactory response will result in the Court striking the Fourth Amended Counterclaim. Court Reporter: Not Reported. (gk)
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Filing
154
FINAL JUDGMENT by Judge Dolly M. Gee: Upon Joint Motion for Rule 54 Judgment 153 , WHEREAS pursuant to the Partial Settlement and the Stipulation, Plaintiff/Counterdefendant Lux EAP, LLC ("Lux"), while reserving its right to appeal the Par tial Summary Judgment Order upon the issuance of a final judgment, has agreed that the Defendants/Counterclaimants Kathleen A. and Robert Bruner's (the "Bruners") contract damages consist of $2,843,799, and prejudgment interest of $289,833.76, which brings the total amount of a judgment on the Bruners' contract counterclaim to $3,133,632.76; and WHEREAS the Bruners' remaining counterclaims are hereby stayed pending the outcome of that appeal, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment is hereby entered in favor of the Bruners and against Lux on the Bruners' breach of contract counterclaim in the amount of $3,133,632.76. (gk)
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Filing
12
MINUTE (IN CHAMBERS)- ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before October 19, 2017 why this action should not be dismissed for lack of prosecution. No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed if a written response demonstrating good cause is not filed by the date indicated above. (iv)
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