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Nippon Steel Trading America, Inc. v. Paul Faustin

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 2, 2012

NIPPON STEEL TRADING AMERICA, INC.
v.
PAUL FAUSTIN, ET AL.

The opinion of the court was delivered by: Honorable Percy Anderson, United States District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Paul Songco Not Reported N/A

Deputy Clerk Court Reporter Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

None None

Proceedings: IN CHAMBERS - COURT ORDER

According to the Mediation Report submitted by the court-appointed mediator, defendants Paul Faustin ("Faustin") and Wall Street Cargo, Inc. ("WSC") (collectively "Defendants") did not personally attend the mediation on June 26, 2012, in violation of Local Rule 16-15.5(b), which states: "Each party shall appear at the settlement proceeding in person or by a representative with final authority to settle the case . . . ."

The Court therefore orders Defendants to show cause why they should not be sanctioned for violating Local Rule 16-15.5(b). In light of the issues raised in the pending motion by Defendants' counsel to withdraw, Defendants' failure to attend the mediation may provide additional support for a conclusion that Defendants have abandoned their defense of this action and the prosecution of their Counterclaim. The Court's contemplated sanctions for the violation of Local Rule 16-15.5(b) include the striking of Defendants' Answer and the dismissal of their Counterclaim. Defendants response to this order to show cause shall be heard on July 9, 2012, at 1:30 p.m. in Courtroom 15 of the U.S. Courthouse, 312 North Spring Street, Los Angeles, California. The Court orders Defendants' counsel to provide Defendants with a copy of this Order by July 3, 2012.

IT IS SO ORDERED.

20120702

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