Henry v. Central Freight Lines, Inc.

Filing 143

ORDER signed by Chief District Judge Kimberly J. Mueller on 07/08/2022 VACATING the status Pretrial Scheduling Conference. Plaintiff is DIRECTED to file a Status Report within 14 days, proposing a schedule for adjudicating this putative class action. (Rodriguez, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

Rickey Henry,

12
13
14
15

No. 2:16-cv-00280-KJM-JDP
Plaintiffs,

ORDER

v.
Central Freight Lines, Inc., et al.,
Defendants.

16
17

Counsel for defendant Central Freight Lines, Inc. has withdrawn, and the company has not

18

obtained substitute counsel. See Mot. Withdraw, ECF No. 130; Min. Order, ECF No. 132. “It is

19

a longstanding rule that ‘[c]orporations and other unincorporated associations must appear in

20

court through an attorney.’” D–Beam Ltd. Partnership v. Roller Derby Skates, Inc., 366 F.3d

21

972, 973–74 (9th Cir. 2004) (quoting Licht v. Am. W. Airlines (In re Am. W. Airlines), 40 F.3d

22

1058, 1059 (9th Cir. 1994)). This District’s Local Rules enforce that bar. See E.D. Cal. L.R.

23

183(a). When a corporation does not appear by counsel, its answer may be stricken. See Emp.

24

Painters’ Tr. v. Ethan Enters., Inc., 480 F.3d 993 (9th Cir. 2007). The unopposed motion to

25

strike Central Freight Lines’ answer (ECF No. 140) is thus granted, and the clerk’s office is

26

instructed to enter default against Central Freight Lines. See Fed. R. Civ. P. 55(a).

1

1

The status (pretrial scheduling) conference currently set for September 22, 2022 is

2

vacated. Plaintiff is directed to file a status report within fourteen days, proposing a schedule

3

for adjudicating this putative class action. Cf. Cortes v. Nat’l Credit Adjusters, L.L.C.,

4

No. 16-00823, 2017 WL 3284797, at *2 (E.D. Cal. Aug. 2, 2017) (“[E]ntry of default does not

5

alter the Court’s analysis for class certification.” (quoting Whitaker v. Bennett L., PLLC,

6

No. 13-3145, 2014 WL 5454398, at *3 (S.D. Cal. Oct. 27, 2014)).

7
8

IT IS SO ORDERED.
DATED: July 8, 2022.

9

2