Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 575

ORDER TO SHOW CAUSE RE: STRIKING ANSWER OF DEFENDANT BEACH VIEW ENTERPRISES, INC. Show Cause Response due by 2/4/2014. Signed by Judge Yvonne Gonzalez Rogers on 1/22/2014. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/22/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FIDELITY NATIONAL TITLE INSURANCE
COMPANY, et al,
Plaintiffs,

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Northern District of California

United States District Court

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Case No.: 11-CV-896 YGR
ORDER TO SHOW CAUSE RE: STRIKING
ANSWER OF DEFENDANT BEACH VIEW
ENTERPRISES, INC.

vs.
JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, et al,

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Defendants.

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TO CROSS-DEFENDANT BEACH VIEW ENTERPRISES, INC.:
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YOU ARE ORDERED TO SHOW CAUSE, in writing, why your answer and notice of
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appearance, filed October 7, 2013 (Dkt. Nos. 532, 533) should not be stricken as improperly filed.
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Beach View Enterprises, Inc. is alleged to be a corporation. In the notice of appearance and answer,
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Beach View Enterprises, Inc. appeared by its president, John E. Williamson, also a cross-defendant in
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this action.
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A corporation cannot appear by one of its officers or without legal counsel. A corporation or
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other entity that is not a natural person must be represented by licensed counsel. See, e.g., Rowland
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v. California Men’s Colony, 506 U.S. 194, 201–202 (1993) (noting that 28 U.S.C. § 1654 does not
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allow corporations, partnerships, or associations to appear in federal court other than through a
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licensed attorney); Civil L.R. 3–9(b) (“A corporation, unincorporated association, partnership or
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other such entity may appear only through a member of the bar of this Court.”).
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By no later than February 4, 2014, Beach View Enterprises, Inc. must file a written response
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to this Order to Show Cause. If Beach View Enterprises, Inc. has not appeared by counsel at that
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time, or filed a response indicating that it will appear by counsel by a date certain, the Court will

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strike Beach View Enterprises, Inc.’s answer and appearance.

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The Court further notes that Cross-Defendant John E. Williamson is named individually but

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has not filed an answer on his own behalf. Cross-Defendant John E. Williamson is notified that

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failure to file an answer timely may result in a default and default judgment being entered against

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him on the cross-complaint of Prudential California Realty.

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IT IS SO ORDERED.
Date: January 22, 2014

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____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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