CalMat Co. v. Old Castle Precast, Inc. et al

Filing 85

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge William P. Lynch re Kraft Americas, L.P. Objections to PFRD due by 1/31/2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CALMAT CO.,
Plaintiff,
v.

CV 16-26 KG/WPL

OLDCASTLE PRECAST, INC.,
KRAFT AMERICAS, L.P., a limited
Partnership, RUNE KRAFT,
KRAFT AMERICAS HOLDINGS, INC.,
and JOHN DOES 1-5,
Defendants.

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter is before me sua sponte. On April 6, 2016, Rune Kraft filed an Answer on
behalf of himself and purportedly on behalf of Kraft Americas, L.P. (Doc. 12.) On April 13,
2016, the Court informed Kraft Americas, L.P., of Local Rule 83.7, which requires a corporation,
partnership, or business entity other than a natural person to be represented by an attorney
authorized to practice in the District of New Mexico. (Doc. 14.) On December 1, 2016, I entered
an Order directing Kraft Americas, L.P., to retain counsel within fourteen days and to have
counsel enter an appearance on its behalf. (Doc. 69.) I warned Kraft Americas, L.P., that failure
to retain counsel would result in a recommendation to the presiding judge that Rune Kraft’s
Answer on behalf of Kraft Americas, L.P., be stricken and that judgment be entered against Kraft
Americas, L.P., decreeing that Kraft Americas, L.P., has no interest in the subject matter of this
case. (Id.) To date, Kraft Americas, L.P., has not complied with the Order or Local Rule 83.7 and
has not retained counsel.

Given Kraft Americas, L.P.’s, failure to comply with Local Rule 83.7, its inability to
proceed pro se, and the failure to comply with multiple Orders, I recommend that the Court strike
Rune Kraft’s Answer on behalf of Kraft Americas, L.P. (Doc. 12), enter judgment against Kraft
Americas, L.P., and decree that Kraft Americas, L.P., has no interest in the subject matter of this
case.

THE PARTIES ARE NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of a
copy of these Proposed Findings and Recommended Disposition they may file written objections
with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party must file any
objections with the Clerk of the District Court within the fourteen-day period if that party
wants to have appellate review of the Proposed Findings and Recommended Disposition. If
no objections are filed, no appellate review will be allowed.

___________________________________
William P. Lynch
United States Magistrate Judge

A true copy of this order was served
on the date of entry--via mail or electronic
means--to counsel of record and any pro se
party as they are shown on the Court’s docket.

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