Robern, Inc. v. Shine Bathrooms, Inc.

Filing 53

ORDER STRIKING ANSWER. Signed by Judge Richard Seeborg on 12/14/16. (cl, COURT STAFF) (Filed on 12/14/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERN, INC.,

Case No. 16-cv-00133-RS

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER STRIKING ANSWER

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SHINE BATHROOMS, INC.,
Defendant.

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Defendant Shine Bathrooms, Inc., represented by the Trinh Law Firm, appeared in this

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action and answered the complaint. Thereafter, however, the Trinh Law Firm’s motion to

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withdraw was granted. Defendant was advised it could not appear except through counsel. Since

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that time, no new counsel has appeared for defendant. Plaintiff also reports that it has been unable

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to establish communication with defendants’ principal.

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Plaintiff seeks summary judgment in its favor or, in the alternative, an order striking

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defendants’ answer so that it may proceed to take a default and apply for default judgment.

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Pursuant to Civil Local Rule 7-1(b), plaintiff’s motion is suitable for disposition without oral

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argument, and the hearing set for December 22, 2016 is vacated. In light of defendant’s failure to

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appear and participate in this action through counsel or otherwise, the latter relief is warranted.

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Defendant’s answer (Dkt. No. 20) is hereby stricken.

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The Case Management Conference also set December 22, 2016 is vacated. Plaintiff is
directed to act expeditiously to apply for entry of default and default judgment.

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IT IS SO ORDERED.

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Dated: December 14, 2016
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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CASE NO.

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16-cv-00133-RS