Opinion
21-cv-00047-TSH
07-07-2021
BRIAN WHITAKER, Plaintiff, v. ROSE HOSPITALITY, LLC, Defendant.
ORDER TO SHOW CAUSE
THOMAS S. HIXSON, UNITED STATES MAGISTRATE JUDGE
On May 5, 2021, Plaintiff filed a notice of settlement, after which the Court vacated all pending deadlines and directed the parties to file a dismissal or joint status report by July 06, 2021. ECF Nos. 11, 12. On July 6 Plaintiff filed a separate status report indicating that, although the parties have finalized and fully executed a settlement agreement, Defendant has failed to perform per the contract or respond to Plaintiffs attempts to elicit performance. ECF No. 13. Accordingly, the Court ORDERS Defendant Rose Hospitality to show cause why default should not be entered against it. Defendant shall file a declaration by July 19, 2021. If a responsive declaration is filed, the Court shall either issue an order based on the declaration or conduct a hearing on July 29, 2021 at 10:00 a.m. by Zoom video conference. The webinar link and instructions are located at https://cand.uscourts.gov/judges/hixson-thomas-s-tsh/. Notice is hereby provided that failure to file a written response will be deemed an admission that Defendant does not intend to defend against this action, and default shall be entered accordingly. Thus, it is imperative the Court receive a written response by the deadline above.
IT IS SO ORDERED.