Opinion
Case No. 8:05-cv-775-T-24EAJ.
April 27, 2006
ORDER
This cause comes before the Court on its own. Defendants/Cross-Plaintiffs Yvette R. Talavera, Marlene Talavera and Melissa Talavera filed a motion for summary judgment (Doc. No. 39). A review of the file reveals that Defendants/Cross-Defendants Jorge R. Talavera, Sr. and Jorge R. Talavera have failed to respond to the motion for summary judgment.
The Court notes that in their motion for summary judgment Defendants/Cross-Plaintiffs Yvette R. Talavera, Marlene Talavera and Melissa Talavera state "Jorge Talavera, Sr. is no longer a party to this case." However, there has been no filing with this Court reflecting the status of Jorge Talavera, Sr. as a party to this litigation or Order from this Court dismissing Jorge Talavera, Sr. from this case.
Defendants/Cross-Defendants Jorge R. Talavera, Sr. and Jorge R. Talavera shall respond to the motion for summary judgment by May 8, 2006 or shall SHOW CAUSE in writing by May 8, 2006 why the Court should not consider the motion for summary judgment without a response.
DONE AND ORDERED.