But then his counsel filed a response to the order to show cause.
Defendants’ Response is untimely and insufficient. As to the Response’s untimeliness, Defendants did not request an extension, and the Response itself provides no explanation for the untimely filing. See D.E. 116. Thus, without good cause, Defendants’ submitted their Response more than 15 hours after the deadline, as well as after the Court had directed the Clerk of the Court to enter Default and after the Clerk of the Court had entered the Default. As such, Defendants’ Response is untimely and the Court need not entertain it for this reason alone. And even if the Court were to consider the Response, the filing is not responsive to all of the issues in the Court’s Order to Show Cause because the Response does not address why Defendant Dillard failed to appear at his deposition in violation of Federal Rule of Civil Procedure 37(d). See D.E. 113 at 2 (ordering Defendants to show cause for “Defendant Dillard’s failure to attend his own deposition”).Guess what -- the case quickly settled thereafter.
PS -- Flo Rida made the Colbert show last night!