United Financial Casualty Company v. Ratte ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED FINANCIAL CASUALTY ) Case No.: 1:19-cv-739 LJO- JLT COMPANY, ) 12 ) ORDER TO DEFENDANT HS BROTHERS Plaintiff, ) EXPRESS, INC., TO SHOW CAUSE WHY 13 ) v. ) TERMINATING SANCTIONS SHOULD NOT BE 14 ) IMPOSED FOR FAILURE TO COMPLY WITH GULBAG SINGH RATTE, et al., ) THE COURT’S ORDER 15 ) Defendants. ) 16 ) 17 Plaintiff served HS Brothers Express, Inc. with the summons and complaint on June 10, 2019. 18 (Doc. 9) The service was accomplished by presenting the documents to Harjit Singh, who identifies 19 himself out as the “sole owner” of HS Brothers Express. (Id.; Doc. 14 at 1) On July 29, 2019, Mr. Singh 20 filed his answer to the complaint pro se and it appears he believed he was responding for the corporation 21 as well. (See Doc. 14 at 1) 22 On August 19, 2019, the Court held a scheduling conference with the parties, and explained an 23 entity such as HS Brothers Express, Inc. must appear through counsel. The same date, the Court issued 24 an order with the same information, observing that “[c]orporations and other unincorporated 25 associations must appear in court through an attorney.” (Doc. 24 at 1, quoting D–Beam Ltd. P' ship v. 26 Roller Derby Skates, Inc., 366 F.3d 972, 973–74 (9th Cir.2004)). Thus, the Court ordered HS Brothers 27 Express, Inc. to “secure the services of an attorney,” and file a notice of appearance within thirty days. 28 (Doc. 24 at 1) In addition, HS Brothers Express, Inc., was ordered to respond to the complaint within 1 thirty days, through counsel, within sixty days. (Id. at 2) HS Brothers Express was “advised that its 2 failure to comply with this order will result in the recommendation that default be entered against it.” 3 (Id., emphasis omitted) Despite this warning, Defendant has not complied with or otherwise responded 4 to the Court’s order. 5 The Local Rules, corresponding with Fed. R. Civ. P. 11, provide: “Failure of counsel or of a 6 party to comply with . . . any order of the Court may be grounds for the imposition by the Court of any 7 and all sanctions . . . within the inherent power of the Court.” Local Rule 110. “District courts have 8 inherent power to control their dockets,” and in exercising that power, a court may impose sanctions. 9 Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). A court impose 10 sanctions, including terminating sanctions, for a party’s failure to obey a court order or failure to 11 comply with local rules. See, e.g. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) 12 (imposing terminating sanctions for failure to comply with an order); Malone v. U.S. Postal Service, 13 833 F.2d 128, 130 (9th Cir. 1987) (imposing terminating sanctions for failure to comply with a court 14 order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (sanctions for failure to prosecute 15 and to comply with local rules). 16 Accordingly, HS Brothers Express, Inc. is ORDERED to show cause within twenty-one days 17 why terminating sanctions should not be imposed and default not be entered, for failure to follow the 18 Court’s order. In the alternative, counsel for HS Brothers Express, Inc. may file a notice of 19 appearance and a pleading responsive to the complaint. 20 HS Brothers, Inc. is advised that its failure to comply with this order will result in a 21 recommendation that it be found to be in default. 22 23 IT IS SO ORDERED. 24 Dated: October 28, 2019 /s/ Jennifer L. Thurston 25 UNITED STATES MAGISTRATE JUDGE 26 27 28