InProcessOut, LLC v. World Tech Toys, Inc.

Western District of Texas, txwd-5:2018-cv-00869

STATUS REPORT to Honorable Judge Biery by InProcessOut, LLC. (Langley, H.)

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The Law Firm of 3 H. Dale Langley, Jr. A Professional Corporation 1803 West Avenue Telephone: (512) 477-3830 Austin, Texas 78701 Fax: (512) 597-4775 Via Email and Regular Mail Email: June 13, 2019 Honorable Fred Biery United States District Judge US District Court, W.D. Tex. (San Antonio) 655 E. Cesar E. Chavez Blvd. San Antonio, Texas 78206 Re: InProcessOut, LLC v. World Tech Toys, Inc., Cause No.5:18-cv-00869-FB In the Western District of Texas - San Antonio Division Docket No. 42500-0101 To the Honorable Judge Biery: I represent the Plaintiff, InProcessOut, LLC, in the foregoing case and am writing to confirm that the case remains active on the Court's docket. To summarize the pending activities in the case, the Complaint (Dkt. 1) was filed on August 23, 2018, and the Summons (Dkt. 6) was returned and filed on August 31, 2018. Thereafter, four extensions were agreed to for the Defendant, World Tech Toys, Inc., to answer. On expiration of the fourth extension without answer, Plaintiff filed its Motion for Entry of Default (Dkt. 16) and the clerk entered Default (Dkt. 17) on December 6, 2018. Defendant subsequently filed a Motion to Dismiss (Dkt. 19), and Plaintiff filed its Motion to Strike (Dkt. 21) on December 11, 2018, because of the late filing of an answer by Defendant. Plaintiff then filed its Response to Motion to Dismiss (Dkt. 28) on December 20, 2018, pending decision of Plaintiff's Motion to Strike the late-filed answer. Defendant filed its Reply (Dkt. 31) in its Motion to Dismiss on January 2, 2019. Additional efforts in the case have been awaiting decisions of the filings. It has been over five months since the last responsive filing was made, and the case cannot proceed until the Court rules. Recently, on April 30, 2019, Defendant's attorney filed a Motion to Withdraw as Attorney (Dkt. 32). Honorable Fred Biery United States District Judge Page 2 Plaintiff wishes to hereby again bring these activities to the attention of the Court, in order to ensure that the case remains actively pending on the Court's docket and continues on track to resolution. Sincerely, H. Dale Langley, Jr. CERTIFICATE OF SERVICE I hereby certify that on June 13, 2019, I electronically filed the foregoing with the Clerk of the Court using the CMF/ECF system, which sent notification of such filing to all counsel of record in this matter. /s/ H. Dale Langley, Jr._______________________ H. Dale Langley, Jr. 2