Maslic v. ISM Vuzem d.o.o.
- Beth Freeman
- 5:21-cv-02556
- U.S. District Court · Northern District of California
- 1
In Maslic v. ISM Vuzem, Judge Freeman ordered Eisenmann to explain why its answer should not be stricken and default entered.
Defendant Eisenmann Corporation, whose answer could be stricken and against which default could be entered if it does not provide the required explanation; its former counsel also had service and filing obligations.
What happened
In Maslic v. ISM Vuzem d.o.o., the attorneys representing Defendant Eisenmann Corporation withdrew with the court’s permission.
The court stated that a corporation may be represented only by a licensed attorney. It therefore required Eisenmann to explain in writing, within 30 days, why its answer should not be stricken and default entered against it. Eisenmann’s former attorneys also had to provide the order to the company and file proof that they had done so.
Judge Beth Labson Freeman issued an order to show cause; she did not state that Eisenmann’s answer had been stricken or that default had been entered.
The detailed version
- Maslic v. ISM Vuzem d.o.o. · No. 5:21-cv-02556
- Beth Freeman
- Jan. 23, 2024
Background
All counsel of record for Defendant Eisenmann Corporation had withdrawn from representing the company with the court’s permission. The opinion cites the rule that a corporation can be represented only by a licensed attorney.
Order
The court ordered Eisenmann to show cause—that is, to explain in writing—within 30 days why its answer should not be stricken and default entered against it. The order did not itself strike the answer or enter default.
The company’s former counsel, Frost Brown Todd LLC and Boies Schiller Flexner LLP, were required to provide Eisenmann with a copy of the order and file proof of service showing that they had done so.
Disposition and Effect
Judge Beth Labson Freeman issued an order to show cause. The opinion does not report a final ruling striking Eisenmann’s answer or entering default.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.