IAC Search & Media, Inc. v. Everyclick, Ltd.

Filing 35

ORDER STRIKING ANSWER. Signed by Judge Alsup on April 28, 2010. (whalc1, COURT STAFF) (Filed on 4/28/2010) (Additional attachment(s) added on 4/29/2010: # 1 Certificate of Service) (wsn, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 v. EVERYCLICK, LTD., a United Kingdom company, Defendant. / IAC SEARCH & MEDIA, INC., a Delaware corporation, Plaintiff, No. C 09-05725 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ORDER STRIKING ANSWER

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Under Local Civil Rule 3-9(b), "[a] corporation, unincorporated association, partnership or other such entity may appear only through a member of the bar of this Court." Defendant Everyclick, Ltd. recently filed a "defence and counterclaim," signed by its Managing Director (a signature is present, but it is unclear what name has been signed). There is no indication that this person is a "member of a bar of this Court." See Civ. L. R. 11-1. As such, the answer filed by defendant is STRIKEN. Defendant should also be aware that default was entered against it on March 4, 2010, and a motion for default judgment is now pending (Dkt. Nos. 7, 13). A hearing on the motion for default judgment has been noticed for May 13, 2010. To avoid the entry of default judgment, defendant must move to set aside the entry of default -- in compliance with the local rules of the Northern District of California and the Federal Rules of Civil Procedure -- no later than MAY 12, 2010.

IT IS SO ORDERED.

Dated: April 28, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE