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 corporations 21 and other unincorporated association must appear in court through an attorney.” D-Beam, ltd. 22 P’ship v. Roller Derby Skates, Inc.,

, 974-75 (9th Cir. 2004); see also Rowland v. 23 Cal. Men’s Colony,

(1993). Further, “[w]hen a corporation fails to retain 24 counsel to represent it in an action, its answer may be stricken . . . .” Rojas v. Hawgs Seafood Bar, 25 Case No. 08-cv-3819-JF,

, at *2 (N.D. Cal. May 4, 2009) (citing 26 Employee Painters’ Trust v. Ethan Enters., Inc.,

(9th Cir. 2007)). 27 Here, Defendant Macy’s Pro’s is a corporation, and has been unrepresented by counsel 1 Christina Morrison, the owner of Defendant Macy’s Pro’s, filed a declaration stating that she did 2 || not intend to find other counsel because Defendant Macy’s Pro’s has no money. (Morrison Decl. 3 || 4, Dkt. No. 36-1.) Thus, the Court strikes Defendant Macy’s Pro’s answer. Plaintiff may move 4 || the Clerk of the Court to enter default as to Defendant Macy’s Pro’s. 5 The September 24, 2019 case management conference is VACATED. 6 IT IS SO ORDERED. 7 Dated: September 17, 2019 ' 8 ak A. WESTMORE 9 United States Magistrate Judge 10 11 a 12

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