Decollibus v. Rubus Management, LLC ( 2024 )


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  • 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 DANIELLE DECOLLIBUS, individually Case No. 2:23-cv-01552-ART-EJY 6 and on behalf of all others similarly situated, ORDER 7 Plaintiff, 8 v. 9 RUBUS MANAGEMENT, LLC; EMPLOYEE(S)/AGENT(S) DOES 1-10; 10 and ROE CORPORATIONS 11-20, inclusive, 11 Defendants. 12 13 14 On August 15th, this Court ordered Counsel for Defendants to enter an 15 appearance no later than August 23, 2024 (ECF No.18), warning Defendants that 16 “[c]orporations and other unincorporated associations must appear in court 17 through an attorney.” D-Beam Ltd. Partnership v. Roller Derby Skates, Inc., 366 18 F.3d 972, 973-74 (9th Cir. 2004)(citing Licht v. Am. W. Airlines (In re Am. W. 19 Airlines), 40 F.3d 1058, 1059 (9th Cir. 1994)), and that an action against an 20 unrepresented corporate defendant can result in an entry of default judgment. 21 See LR 77-1(b)(2)(“The clerk must: . . . (2) Enter default for failure to plead or 22 otherwise defend under Fed. R. Civ. P. 55(a)”); Fed. R. Civ. P. 55(a)(“When a party 23 against whom a judgment for affirmative relief is sought has failed to plead or 24 otherwise defend, and that failure is shown by affidavit or otherwise, the clerk 25 must enter the party's default.”). 26 Counsel for Defendants has failed to enter an appearance. As such, the 27 Court directs the clerk to enter default against Defendants, and grants Plaintiff 28 leave to file a motion for default judgment against Defendants. Should Plaintiff 1 || fail to file such a motion, the Court will dismiss this action for failure to prosecute. Fed. R. Civ. P. 41(b).! 3 Accordingly, the Court directs the clerk to enter default against 4 || Defendants. 5 The Court also grants Plaintiff leave to seek default judgment against 6 || Defendants. Plaintiff must file a motion for default judgment by Thursday, 7 || September 19, 2024. 8 9 Dated this 29t day of August, 2024. 10 11 Ans floret qn 12 ANNE R. TRAUM 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 A trial court has inherent power to sua sponte dismiss an action for lack of prosecution. Link v. Wabash R. Co., 370 28 || U.S. 626, 630-632 (1962).

Document Info

Docket Number: 2:23-cv-01552

Filed Date: 8/29/2024

Precedential Status: Precedential

Modified Date: 11/2/2024