ROAR, LLC v. ROAR Global Limited
ORDER STRIKING ANSWER AND DIRECTING ENTRY OF DEFAULT by Judge Otis D. Wright, II. As Defendant has had ample time (over one month) to identify new counsel, and has not done so, the Court STRIKES Defendants Answer and directs the Clerk of Court to enter a default against Defendant. In addition, the Court ORDERS Plaintiff to SHOW CAUSE, in writing, no later than November 13, 2016, why it has not moved for an entry of default judgment against Defendant. No hearing will be held. The Court will accept a motion for entry of default judgment in response to this Order. IT IS SO ORDERED. (lom)
United States District Court
Central District of California
Case No. 2:15-CV-05865-ODW(AFM)
ORDER STRIKING ANSWER AND
ROAR GLOBAL LIMITED and DOES 1- DIRECTING ENTRY OF DEFAULT
On September 7, 2016, the Court entered an order granting withdrawal of
Defendant Roar Global Limited’s counsel of record John D. Fowler, and required
Defendant to obtain new counsel by October 11, 2016. (ECF No. 40.) That deadline
passed and Defendant failed to identify new counsel.
It is well-established that business entities such as Defendant may not proceed
See C.D. Cal. R. 83–2.2.2 (“Only individuals may represent
themselves pro se. No organization or entity of any other kind . . . may appear in any
action or proceeding unless represented by an attorney permitted to practice before
this Court under L.R. 83–2. 1.”); see also Rowland v. Cal. Men’s Colony, Unit II
Men's Advisory Council, 506 U.S. 194, 201–02 (1993) (“It has been the law for the
better part of two centuries . . . that a corporation may appear in the federal courts only
through licensed counsel.”). When a business entity chooses not to timely obtain
counsel, the Court may properly enter a default against it. Employee Painters' Trust v.
Ethan Enters., Inc., 480 F.3d 993, 998 (9th Cir. 2007) (affirming the district court’s
entry of default where a business entity failed to timely obtain counsel).
As Defendant has had ample time (over one month) to identify new counsel,
and has not done so, the Court STRIKES Defendant’s Answer and directs the Clerk
of Court to enter a default against Defendant. In addition, the Court ORDERS
Plaintiff to SHOW CAUSE, in writing, no later than November 13, 2016, why it has
not moved for an entry of default judgment against Defendant. No hearing will be
held. The Court will accept a motion for entry of default judgment in response to this
IT IS SO ORDERED.
October 13, 2016
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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