Johnson v. RATI, LLC

Filing 54

ORDER by Magistrate Judge Alex G. Tse Striking Defendant's Answer and Entering Default. (agtlc1, COURT STAFF) A copy of the order has been served on Rati LLC (Agent for Service: Bharat Shah) by First Class Mail to the following addresses: 1)1071 E. El Camino Real, Sunnyvale, CA; and 2) 18640 Crabtree Ave, Cupertino, CA (NEF) (Filed on 9/9/2020) Modified on 9/9/2020 (shyS, COURT STAFF).

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

SCOTT JOHNSON,
Plaintiff,

9
10

United States District Court
Northern District of California

11
12

Case No. 18-cv-01688-AGT
ORDER STRIKING DEFENDANT’S
ANSWER AND ENTERING DEFAULT

v.
RATI, LLC,
Defendant.

13

Defendant Rati LLC has stopped participating in this case, as demonstrated by the

14

company’s failure to comply with the Court’s orders requiring it to retain substitute counsel and to

15

show cause for failing to do so. See ECF Nos. 46, 50. Due to this noncompliance, the case is now

16

at a standstill; for as the Court previously noted, Rati LLC, a limited liability company, cannot

17

proceed pro se. See Civ. L.R. 3-9(b).

18

When a corporate defendant fails to retain substitute counsel when ordered to do so, the

19

Court may strike the defendant’s answer and enter its default. See Fed. R. Civ. P. 16(f),

20

37(b)(2)(A) (district court may strike pleadings and enter default for failure to comply with pretrial

21

order); Emp. Painters’ Tr. v. Ethan Enters., Inc., 480 F.3d 993, 998 (9th Cir. 2007) (district court

22

did not abuse its discretion in entering default against corporate defendant “for failure to comply

23

with local rules requiring representation by counsel”). The Court takes these actions here.

24

Rati LLC’s answer, ECF No. 11, is stricken, and the Clerk of the Court is instructed to

25

enter default against the company. By October 2, 2020, the plaintiff, Scott Johnson, shall file a

26

motion for default judgment, which must address the Eitel factors. See Eitel v. McCool, 782 F.2d

27

1470, 1471–72 (9th Cir. 1986). He must serve a copy of the motion on Rati LLC and file proof of

28

service with the Court. If Johnson seeks to recover monetary damages or attorneys’ fees and

1
2
3

costs, he must submit evidence in support of such awards with his motion.
IT IS SO ORDERED.
Dated: September 9, 2020

4
ALEX G. TSE
United States Magistrate Judge

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2