Johnson v. RATI, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 SCOTT JOHNSON, Case No. 18-cv-01688-AGT

Plaintiff,

ORDER STRIKING DEFENDANT’S

v. ANSWER AND ENTERING DEFAULT

RATI, LLC, Defendant.

Defendant Rati LLC has stopped participating in this case, as demonstrated by the company’s failure to comply with the Court’s orders requiring it to retain substitute counsel and to show cause for failing to do so. See ECF Nos. 46, 50. Due to this noncompliance, the case is now at a standstill; for as the Court previously noted, Rati LLC, a limited liability company, cannot proceed pro se. See Civ. L.R. 3-9(b). When a corporate defendant fails to retain substitute counsel when ordered to do so, the Court may strike the defendant’s answer and enter its default. See Fed. R. Civ. P. 16(f), 37(b)(2)(A) (district court may strike pleadings and enter default for failure to comply with pretrial order); Emp. Painters’ Tr. v. Ethan Enters., Inc., 480 F.3d 993, 998 (9th Cir. 2007) (district court …