ARCO Environmental Remediation, L.L.C v. RDM Multi-Enterprises, Inc.

MEMORANDUM **

RDM Multi-Enterprises, ' Inc., Evelyn DiFrancesco, and the Estate of Dominic DiFrancesco appeal the district court’s entry of default judgment in favor of Plaintiff ARCO Environmental Remediation, LLC, and dismissal of RDM’s counterclaims. They request a remand so that the district court can consider RDM’s motion to vacate the default and dismissal. Further, RDM and the DiFraneescos argue that the district court abused its discretion in allowing their former counsel to withdraw.

1. The district court did not abuse its discretion, Estrada v. Speno & Cohen, 244 F.3d 1050, 1056 (9th Cir.2001), in entering a default judgment in favor of ARCO. RDM failed to retain a lawyer so that the litigation could proceed, even after being ordered several times to do so, and failed to file either an answer to the amended complaint or a response to ARCO’s second motion for default and dismissal. The district court gave RDM numerous chances; default was an appropriate sanction under the circumstances. See United States v. High Country Broad. Co., 3 F.3d 1244 , 1245 (9th Cir.1993) (per curiam). The district court also acted within its discretion in dismissing RDM’s counterclaims. It…