Neville et al v. Western Recreational Vehicles, Inc.

Filing 55

ORDER STRIKING ANSWER. Answer is stricken due to failure of defendant to obtain new counsel and to have such counsel appear by July 24, 2008, as required by Court's order filed June 24, 2008. Signed by Judge Maxine M. Chesney on September 8, 2008. (mmclc2, COURT STAFF) (Filed on 9/8/2008)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 8, 2008 v. WESTERN RECREATIONAL VEHICLES, INC., et al., Defendants / NEVILLE, et al., Plaintiffs, No. C-07-3757 MMC ORDER STRIKING ANSWER United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

By order filed June 24, 2008, the Court granted defendant's counsel's motion to withdraw. The Court further notified defendant that if it did not acquire new counsel, and if such counsel did not appear by July 24, 2008, the Court would strike defendant's answer, leading to an entry of default judgment against defendant. See Employee Painters' Trust v. Ethan Enters., Inc., 480 F.3d 993, 998 (9th Cir. 2007). To date, defendant has failed to appear through new counsel or to otherwise indicate an intention to do so. Accordingly, because defendant cannot appear without counsel, defendant's answer is hereby STRICKEN. IT IS SO ORDERED.

MAXINE M. CHESNEY United States District Judge