Abokasem et al v. Royal Indian Raj Int'l Corp. et al

Filing 103

ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD BE NOT HELD IN CONTEMPT. The RIRIC defendants are each ordered to show cause, no later than August 19, 2011, why they failed to appear at the August 5, 2011 case management conference and why the corporate RIRIC defendants have not retained new counsel. Signed by Judge Maxine M. Chesney on 8/5/2011. (mmclc2, COURT STAFF) (Filed on 8/5/2011)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA For the Northern District of California United States District Court 10 11 MOHAMED ABOKASEM, et al., Plaintiffs, 12 13 14 No. C-10-01781 MMC ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT v. ROYAL INDIAN RAJ INTERNATIONAL CORP., et al., 15 Defendants 16 / 17 On August 5, 2011, defendants Royal Indian Raj International Corp., Royal Indian 18 Raj International Holdings Corp., Royal Indian Raj International Real Estate Fund Ltd., 19 Royal Garden Villas Resort Corp., Manoj C. Benjamin, and Anjula Benjamin (collectively, 20 “RIRIC defendants”) failed to appear as ordered at a regularly scheduled case 21 management conference in the above-titled action. Plaintiffs appeared as ordered. 22 Accordingly, each of the RIRIC defendants is hereby ORDERED TO SHOW CAUSE 23 in writing, by sworn declaration under penalty of perjury, filed no later than August 19, 24 2011, why such defendant should not be held in contempt and sanctioned for such 25 defendant’s failure to appear, and why the corporate RIRIC defendants’ answers should not 26 be stricken, and default entered against them, for their failure to retain new counsel. See 27 Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202 (1993) (holding corporate entities may 28 only appear by counsel); Emp. Painters’ Trust v. Ethan Enter., Inc., 480 F.3d 993, 998 (9th 1 Cir. 2007) (upholding default judgment entered against corporation for failure to appear 2 through counsel in violation of district court’s local rule); Civil L.R. 3-9(b) (providing 3 corporations “may appear only through a member of the bar of this Court”). 4 IT IS SO ORDERED. 5 6 Dated: August 5, 2011 MAXINE M. CHESNEY United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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