California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al

Filing 10

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 11/18/10: Defendant Paradise Ready Mix is Ordered to Show Cause in a writing to be filed no later than 4:00 p.m. on November 29, 2010, why its "Answer to Compliant for Declaratory and Injunctive Relief and Civil Penalties; Counter Claim [and] Demand for Jury Trial," should not be stricken. The written response shall state whether a hearing is requested on the OSC. (Kaminski, H)

California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al

Doc. 10

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 v. PARADISE READY MIX, INC. a California corporation, WILLIAM CALLAWAY, an individual, and BRIAN HARRISON, an individual, Defendants. ________________________________ CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, a non-profit corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-01801-GEB-GGH ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Defendants filed an "Answer to Compliant for Declaratory and Injunctive Relief and Civil Penalties; Counter Claim [and] Demand for Jury Trial," in propria persona on September 27, 2010, in which they state Defendant Paradise Ready Mix is a "California business." (ECF No. 5, 1:19.) Defendants further state in their "Status Report and Rule 26(f) Discovery Plan" that Paradise Ready Mix is a "privately owned company. . . ." (ECF No. 9 ¶ 1.) "Corporations and other unincorporated associations must

appear in court through an attorney." In re America West Airlines,40 F.3d 1058, 1059 (9th Cir. 1094). Therefore, Defendant Paradise Ready

Mix is Ordered to Show Cause ("OSC") in a writing to be filed no later than 4:00 p.m. on November 29, 2010, why its "Answer to Compliant for Declaratory and Injunctive Relief and Civil Penalties; Counter Claim

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[and] Demand for Jury Trial," should not be stricken. 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 in courtroom 10 at 9:00 a.m. on December 13, 2010. IT IS SO ORDERED. Dated: November 18, 2010

GARLAND E. BURRELL, JR. United States District Judge

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