Rayle

Nostalgia Network, Inc. v. Rayle

Good Law
11 F. App'x 720
United States Court of Appeals for the Ninth CircuitMarch 15, 2001No. 99-56369; D.C. CV-94-06747-RMTCalifornia226 words

Opinion

Lead Opinion

ORDER

The district judge ordered that the defendant’s answer be stricken and default entered because the defendant failed to appear for a settlement conference and then did not respond to an order to show cause in writing why his answer should not be stricken and default entered. The District Court then ordered a default judgment against the defendant.

A court may not strike an answer and issue a default judgment to punish a contempt of court unrelated to the merits of the case. See Hovey v. Elliot, 167 U.S. 409, 413-14 , 17 S.Ct. 841 , 42 L.Ed. 215 (1897); Phoceene Sous-Marine, S.A. v. U.S. Phosmarine, Inc., 682 F.2d 802, 806 (9th Cir.1982). However, when the misconduct of a party interferes with the production of evidence, default judgment is proper. Hammond Packing Co. v. Arkansas, 212 U.S. 322, 350-51 , 29 S.Ct. 370 , 53 L.Ed. 530 (1909).

The case is remanded to the District Court to reevaluate its order and determine whether or not the defendant acted in a manner which permits a default judgment.

All further appeals in this case will be assigned to this panel for determination.

Remanded for further proceedings.

. This disposition is not appropriate for publication and…

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