Free Default Judgment - District Court of California - California

Case 3:07-cv-02187-IEG-NLS

Document 42

Filed 07/11/2008

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1 2 3 4 5 6 7 8 9 10 11 12 vs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kyle. On November 15, 2007, the United States filed a complaint against Roosevelt Kyle seeking to enjoin him from preparing tax returns for others. On December 21, 2007, Kyle filed an Answer. However, since that time, Kyle has repeatedly failed to comply with the court's scheduling and pre-trial orders and has failed to appear at several noticed hearings. Federal Rule of Civil Procedure 16 permits the imposition of sanctions described in Rule 37(b)(2)(A)(ii)-(vii) against a party who (1) fails to appear at a scheduling or other pretrial conference; (2) fails to obey a scheduling or other pretrial order. Fed. R. Civ. P. 16(f)(1). One of Presently before the Court is Plaintiff's Motion For Default Judgement Against Roosevelt ROOSEVELT KYLE, individually or d/b/a CENTURY ONE RESORTS, LTD or CENTURY ONE ASSOCIATES; REBECCA TYREE a/k/a/ RUBEE TYREE or RUBY TYREE; COA FINANCIAL GROUP, LLC d/b/a COA FINANCIAL NETWORK TRUST c/o T&N FASHION; and EAGLE FINANCIAL SERVICES, LLC Defendants. UNITED STATES OF AMERICA Plaintiff, CASE NO. 07CV2187 IEG (NLS) ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT AGAINST ROOSEVELT KYLE (Doc. No. 38)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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Case 3:07-cv-02187-IEG-NLS

Document 42

Filed 07/11/2008

Page 2 of 2

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the sanctions permitted under Rule 37(b)(2)(A)(vi) is "rendering a default judgment against the disobedient party." Because a default judgment is a drastic sanction, it may only be imposed if there is willfulness, fault, or bad faith. Sigliano v. Mendoza, 642 F.2d 309, 310 (9th Cir. 1981). Kyle was warned by orders entered on February 28, 2008 (Doc. No. 30) and on March 14, 2008 (Doc. No. 33) of the possibility of terminating sanctions and was given an opportunity to appear to show cause for his non-compliance . Kyle failed to appear, thus demonstrating a willful disregard for this Court's authority. Accordingly, default judgment is entered against Kyle.

IT IS SO ORDERED.

DATED: July 11, 2008 IRMA E. GONZALEZ, Chief Judge United States District Court

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