Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

NORTHERN WISCONSIN PRODUCE COMPANY, INC.,

) ) ) Plaintiff, ) ) vs. ) ) STEVE DELAPORTAS, JOANNE ) DELAPORTAS, and IONIAN FOODS, ) LLC, ) ) Defendants. ) ___________________________________)

No. 2:02-cv-2366-HRH

O R D E R Case Status; Order to Show Cause By order of February 27, 2008,1 the court dealt with

plaintiff's motion for an order striking the answer of defendant Ionian Foods and for entry of default against that company. In

denying that motion, the court determined to afford individual defendant Delaportas a final opportunity to secure counsel to represent the corporate entity, Ionian Foods, LLC. The foregoing

order provided for an appearance of counsel on behalf of Ionian Foods on or before March 14, 2008. As of the date of this order, there has been no appearance of counsel on behalf of Ionian Foods, LLC.
1

In addition, the court's

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foregoing order made provision for a scheduling conference to be held in this case on either March 25, 26, or 27, 2008. Plaintiff's

counsel was instructed to take the lead on arranging such a conference. counsel The conference never came about because plaintiff's informally to court staff that defendant

reported

Delaportas' telephone had been disconnected and that correspondence to two addresses for Delaportas had resulted in no response. The court's foregoing belief that circumstances individual only serve to reinforce has the been

defendant

Delaportas

stalling for time. Inasmuch as Ionian Foods, LLC, has still not appeared through counsel in this case, the court, on its own initiative, determines that Ionian Foods, LLC, is not now and has not for a very long time been in the position to defend this case. Accordingly, the answer

of Ionian Foods, LLC, is stricken, and the clerk of court shall enter default against that defendant. As to defendant Delaportas, the court entertains substantial doubt that he has any intention of cooperating with the court in concluding this case. Again, however, the court is disinclined to

take action simply because counsel for plaintiff has apparently been unable to reestablish communication by telephone or mail with Mr. Delaportas -- even though this inability to communicate with him precluded convening a scheduling conference earlier this month. In consideration of the foregoing, the court finds that defendant Delaportas may be subject to sanctions pursuant to Rule 16(f)(1)(A) and (C), Federal Rules of Civil Procedure, for - 2 -

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failure to appear at a scheduling conference and failure to obey the court's order to participate in arranging a scheduling

conference. On or before April 15, 2008, defendant Delaportas shall provide the clerk of court with both a current mailing address and telephone number, and he shall serve and file a notice of his availability to participate with plaintiff's counsel and the court in a scheduling conference, to be held at a specific date and time to be arranged in the week of April 21, 2008. In the absence of

all of the foregoing, defendant Delaportas shall, on or before April 15, 2008, show cause why his answer should not be stricken and a default entered against him for failure to participate in necessary scheduling and pretrial proceedings. The clerk of court will please consult with counsel for plaintiff to verify defendant Delaportas' most current address or addresses for purposes of mailing this order. DATED at Anchorage, Alaska, this 1st day of April, 2008.

/s/ H. Russel Holland United States District Judge

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