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).

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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

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