Johnson v. RATI, LLC
Filing
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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).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 18-cv-01688-AGT
ORDER STRIKING DEFENDANT’S
ANSWER AND ENTERING DEFAULT
v.
RATI, LLC,
Defendant.
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Defendant Rati LLC has stopped participating in this case, as demonstrated by the
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company’s failure to comply with the Court’s orders requiring it to retain substitute counsel and to
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show cause for failing to do so. See ECF Nos. 46, 50. Due to this noncompliance, the case is now
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at a standstill; for as the Court previously noted, Rati LLC, a limited liability company, cannot
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proceed pro se. See Civ. L.R. 3-9(b).
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When a corporate defendant fails to retain substitute counsel when ordered to do so, the
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Court may strike the defendant’s answer and enter its default. See Fed. R. Civ. P. 16(f),
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37(b)(2)(A) (district court may strike pleadings and enter default for failure to comply with pretrial
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order); Emp. Painters’ Tr. v. Ethan Enters., Inc., 480 F.3d 993, 998 (9th Cir. 2007) (district court
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did not abuse its discretion in entering default against corporate defendant “for failure to comply
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with local rules requiring representation by counsel”). The Court takes these actions here.
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Rati LLC’s answer, ECF No. 11, is stricken, and the Clerk of the Court is instructed to
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enter default against the company. By October 2, 2020, the plaintiff, Scott Johnson, shall file a
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motion for default judgment, which must address the Eitel factors. See Eitel v. McCool, 782 F.2d
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1470, 1471–72 (9th Cir. 1986). He must serve a copy of the motion on Rati LLC and file proof of
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service with the Court. If Johnson seeks to recover monetary damages or attorneys’ fees and
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costs, he must submit evidence in support of such awards with his motion.
IT IS SO ORDERED.
Dated: September 9, 2020
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ALEX G. TSE
United States Magistrate Judge
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United States District Court
Northern District of California
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