Vistar Corporation v. Sierra Valley Restaurants, Inc. et al

Filing 72

ORDER TO SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 11/10/10 ORDERING that since dfts Sierra Valley Restaurants, Central Valley Food Service Inc., and Kobra Associates have not retained counsel since their attorney withdrew by substitution on 9/13/10, they are ORDERED TO SHOW CAUSE in writing no later than 4:00 PM on 11/29/10 why any answer filed should not be stricken since a corporate entity is now allowed to appear in federal court without counsel. (Carlos, K)

Vistar Corporation v. Sierra Valley Restaurants, Inc. et al

Doc. 72

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants SIERRA VALLEY RESTAURANTS, INC.; CENTRAL VALLEY FOOD SERVICE, INC.; FOOD SERVICE MANAGEMENT, INC.; and KOBRA ASSOCIATES, INC. ("Corporate Defendants") have not retained counsel since their attorney withdrew by substitution on September 13, 2010. Therefore, they are Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on November 29, 2010, why any answer filed should not be stricken since a corporate entity is not allowed to appear in federal court without counsel. See Rowland v. Calif. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-202 ("It has been the law for the v. SIERRA VALLEY RESTAURANTS, INC., a corporation doing business as Jack in the Box; CENTRAL VALLEY FOODSERVICE, INC., a corporation doing business as Jack in the Box; FOOD SERVICE MANAGEMENT, INC., a corporation doing business as Jack in the Box; KOBRA ASSOCIATES, INC., a corporation doing business as Jack in the Box; and ABE ALIZADEH, an individual, Defendants. ________________________________ VISTAR CORPORATION, a Colorado corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-cv-02220-GEB-GGH ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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better part of two centuries . . . that a corporation may appear in the federal courts only through licensed counsel.") (citations omitted); see also In re America West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994). Sanctions could include striking the Corporate Defendants' Answer. See Dillard v. Victoria M. Morton Enterprises, Inc., No. 2:08-cv-01339 FCD KJN PS, 2010 WL 3386459, at *3 (E.D. Cal. 2010) (striking corporate defendants' answer to plaintiff's first-amended complaint); Rojas v. Hawgs Seafuood Bar, Inc., No. C08-03819, 2009 WL 1255538, at *1 (N.D. Cal. 2009) ("When a corporation fails to retain counsel to represent it in an action, its answer may be stricken and a default judgment entered against it."). The written response shall state whether a hearing is

requested on the OSC. If a hearing is requested, it will be held at 9:00 a.m. on December 13, 2010. IT IS SO ORDERED. Dated: November 10, 2010

GARLAND E. BURRELL, JR. United States District Judge

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