Automotive Industries Pension Trust Fund v. Macy Automotive, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AUTOMOTIVE INDUSTRIES PENSION Case No. 18-cv-05416-KAW TRUST FUND, et al., 8 Plaintiffs, ORDER GRANTING IN PART AND 9 DENYING IN PART PLAINTIFFS’ v. MOTION TO STRIKE 10 MACY AUTOMOTIVE, INC., et al., Re: Dkt. No. 48 11 Defendants. 12 13 On September 4, 2018, Plaintiffs filed a complaint against Defendants Macy Automotive, 14 Inc. and Macy’s Automotive Pro’s (“Macy’s Pro’s”), asserting violations of the Employee 15 Retirement Income Security Act of 1974 (“ERISA”). (Compl., Dkt. No. 1.) On August 16, 2019, 16 Plaintiffs filed the instant motion to strike Defendant Macy’s Pro’s answer because Defendant 17 Macy’s Pro’s is an unrepresented corporation, and to direct the Clerk of the Court to enter entry of 18 default. (Pls.’ Mot. to Strike at 1, Dkt. No. 48.) No opposition was filed. 19 The Court deems the matter suitable for disposition without a hearing pursuant to Civil 20 Local Rule 7-1(b), and GRANTS Plaintiffs’ motion. “It is a longstanding rule that…