Rehhaut v. Tahoe Keys Marina and Yacht Club, LLC et al

Filing 52

ORDER signed by Senior Judge Morrison C. England, Jr. on 11/8/2022 ORDERING that Defendants' Answer 36 is STRIKEN. Not later than five (5) days following the date this Order is electronically filed, Plaintiff is directed to file a request f or entry of default. Not later than twenty (20) days following the date default is entered, Plaintiff is directed to notice a Motion for Default Judgment in accordance with the Local Rules. Finally, the Court hereby imposes sanctions in the amou nt of $1,000 as to each Defendant, Tahoe Keys Marina and Yacht Club, LLC, and LT Food and Spirits, Inc., and each defense counsel of record, Justin Marley Clouser and Ravn Reece Whitington. Not later than five (5) days from the date this Orde r is electronically filed, counsel and Defendants shall pay those sanctions to the Clerk of the Court. Within that same timeframe, counsel is further directed to provide notice of this Order to the State Bar of California. (cc: Financial Department)(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD REHHAUT,

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No. 2:17-cv-02091-MCE-KJN

Plaintiff,
v.

ORDER

TAHOE KEYS MARINA AND YACHT
CLUB, LLC, a California Limited
Liability company, et al.,
Defendants.

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After Defendants’ multiple failures to respond to correspondence and orders of
this Court, the Court issued an Order to Show Cause (“OSC”) giving Defendants one
final opportunity to “show cause in writing why their Answer should not be stricken for
failure to comply with the applicable rules and orders of this Court.” ECF No. 50, at 1.
The Court advised that “[f]ailure to timely or adequately respond [would] result in
[Defendants’] Answers being stricken with no further notice to the parties.” Id.

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Defendants again failed to respond.
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Accordingly, Defendants’ Answer (ECF No. 36) is hereby STRICKEN. Not later
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than five (5) days following the date this Order is electronically filed, Plaintiff is directed
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to file a request for entry of default. Not later than twenty (20) days following the date
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default is entered, Plaintiff is directed to notice a Motion for Default Judgment in

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accordance with the Local Rules.

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Finally, given the egregious nature of Defendants’ and their counsels’ continuous

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disregard of this Court’s orders, the Court hereby imposes sanctions in the amount of

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$1,000 as to each Defendant, Tahoe Keys Marina and Yacht Club, LLC, and LT Food

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and Spirits, Inc., and each defense counsel of record, Justin Marley Clouser and Ravn

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Reece Whitington. Not later than five (5) days from the date this Order is electronically

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filed, counsel and Defendants shall pay those sanctions to the Clerk of the Court. Within

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that same timeframe, counsel is further directed to provide notice of this Order to the

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State Bar of California. See Cal. Bus. & Prof. Code § 6068(o)(3).
IT IS SO ORDERED.
Dated: November 8, 2022

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