Prussin et al v. Bekins Van Lines, LLC et al

Filing 71

ORDER by Magistrate Judge Howard R. Lloyd granting 63 plaintiffs' motion for order striking defendant's answer and entering default. Attorney Gregg Garfinkel to file proof of service as to this order. (hrllc2, COURT STAFF) (Filed on 12/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JEFFREY A. PRUSSIN and JUDY M.
PRUSSIN,

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Plaintiffs,

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v.

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ORDER STRIKING DEFENDANT'S
ANSWER AND ENTERING DEFAULT
Re: Dkt. No. 63

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Case No. 5:13-cv-02874-HRL

BEKINS VAN LINES, LLC,
Defendant.
This court previously directed defendant Bekins Van Lines LLC (Bekins) to show cause,

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no later than August 21, 2015, why its answer should not be stricken and its default entered for

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failure to participate in discovery and this litigation. (Dkt. 67). Although the docket indicates that

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the court’s order to show cause was served on defendant (Dkt. 68), this court has received no

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response. Additionally, plaintiffs advise that they have not been contacted by Bekins. (Dkt. 70).

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Accordingly, for these reasons and for all the reasons stated in the court’s show cause
order, Bekins’ answer (Dkt. 6) is hereby stricken from the record, and default is entered against

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Bekins.1
Gregg Garfinkel, who remains on this docket solely for forwarding purposes, shall

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promptly file a proof of service on Bekins as to this order.
SO ORDERED.

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Dated: December 16, 2015
________________________
HOWARD R. LLOYD
United States Magistrate Judge

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United States District Court
Northern District of California

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Although not the specific basis for plaintiffs’ present request for terminating sanctions, the court
notes that in its order conditionally permitting Bekins’ former counsel of record to withdraw from
this matter, Bekins was warned that it could not appear pro se or through its corporate officers;
that it was required to obtain new counsel; and that the failure to retain a new attorney could lead
to an order striking its pleadings or to the entry of its default. (Dkt. 55). Bekins’ former attorney
avers that he also gave similar warnings to Bekins prior to withdrawing from the case. (Dkt. 52).
To date, Bekins has never appeared through other counsel.
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5:13-cv-02874-HRL Notice has been electronically mailed to:

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Allen Gabriel Haroutounian

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Frank Xavier Dipolito

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Gavin E Kogan

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Gregg S. Garfinkel

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Ross Ian Landau

[e-mail]

[e-mail], [e-mail]

[e-mail]
[e-mail]
[e-mail]

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United States District Court
Northern District of California

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