Opinion
8:22-cv-00392-FWS-JDE
11-12-2024
Michelle McCollum v. TGI Fridays Inc., et al.
PRESENT: HONORABLE FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: ORDER TO SHOW CAUSE WHY DEFENDANT'S ANSWER SHOULD NOT BE STRICKEN AND DEFAULT ENTERED
Plaintiffs Hayden Gragnano and Michelle McCollum (“Plaintiffs”) bring this wage-and-hour class action against Defendant TGI Friday's Inc. (“Defendant”). (See generally Dkt. 48 (Consolidated Amended Complaint).) Defendant filed an answer on September 22, 2022. (Dkt. 49.)
On October 2, 2024, the court issued an Order Granting Defendant's Counsel's Ex Parte Application to be Relieved as Counsel for Defendant. (Dkt. 103 (“Order”).) In the Order, the court explained that “[u]nder Local Rule 83-2.2.2, which prohibits entities from representing themselves, Defendant may not appear pro se, but must be represented by counsel.” (Id. at 4-5.) Noting that “when granting motions to withdraw, courts routinely order that corporations promptly retain new counsel,” the court gave Defendant until November 4, 2024 to substitute counsel. (Id. at 5.) The court stated that “[i]f Defendant fails to do so, Plaintiffs may move the court to strike Defendant's responsive pleading and enter default.” (Id. at 5.)
The court observes that the Order contained a typographical error, listing the year in the deadline as 2022 rather than 2024.
More than a week after Defendant's deadline to substitute counsel, Defendant has not substituted counsel. However, the court observes that it is possible Derrick Fong-Stempel of Duane Morris LLP may remain counsel of record for Defendant, as he filed a Notice of Appearance on August 18, 2022, (Dkt. 42), and did not join the Ex Parte Application to be Relieved as Counsel for Defendant, (see generally Dkt. 99). The court further observes that Plaintiffs have not moved the court to strike Defendant's answer and enter default. (See Order at 5.)
Accordingly, the court ORDERS Defendant to show cause in writing on or before November 19, 2024, why the court should not strike its answer and enter default against it. Defendant's failure to respond to this Order to Show Cause will result in the court striking Defendant's answer and entering default against Defendant. Plaintiffs may file a response to Defendant's filing, or other status report or statement, on or before November 25, 2024. The matter will then be taken under submission.
Finally, the court ORDERS Plaintiff to serve Defendant with a copy of this Order on or before November 14, 2024.