Board of Trustees of the Construction Industry and Laborers Joint Pension Trust v. Sentinel Maintenance of Las Vegas, LLC

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4

CONSTRUCTION INDUSTRY AND Case No. 2:23-cv-01633-JAD-NJK 6 LABORERS JOINT PENSION TRUST, et al., Report and Recommendation 7 Plaintiff(s), 8 v. 9 SENTINEL MAINTENANCE OF LAS 10 VEGAS, LLC, et al., 11 Defendant(s). 12 On July 29, 2024, the Court ordered Defendants Sentinel 1, LLC and Sentinel 2, LLC to 13 retain counsel by August 13, 2024. Docket No. 35. They did not do so. On August 22, 2024, the 14 Court ordered Defendants Sentinel 1, LLC and Sentinel 2, LLC to show cause in writing why case- 15 dispositive sanctions should not be imposed. Docket No. 37. The deadline to respond has expired 16 and Defendants Sentinel 1, LLC and Sentinel 2, LLC did not do respond. 17 “A corporation may appear in federal court only through licensed counsel.” United States 18 v. High Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993). In this case, the failure to 19 comply with the Court’s order to retain counsel is an abusive litigation practice that has interfered 20 with the Court’s ability to hear this case, delayed litigation, disrupted the Court’s timely 21 management of its docket, wasted judicial resources, and threatened the integrity of the Court’s 22 orders and the orderly administration of justice. Sanctions lesser than default are unavailable 23 because Defendants Sentinel 1, LLC and Sentinel 2, LLC have been unable or unwilling to comply 24 with the Court’s order to retain counsel and the Ninth Circuit has held that case-dispositive 25 sanctions are appropriate for a corporation’s failure to retain counsel for the duration of the 26 litigation since corporations may not appear in federal court without licensed counsel. Id. 27 Moreover, Defendants Sentinel 1, LLC and Sentinel 2, LLC continue to violate the Court’s orders 28 despite the explicit potential for the imposition of case-dispositive sanctions. See Docket No. 37. ] Accordingly, the undersigned RECOMMENDS that default be entered against 2|| Defendants Sentinel 1, LLC and Sentinel 2, LLC. 3 Dated: September 11, 2024 NancyJ. Koppe 5 United States'Magistrate Judge 6 8 This report and recommendation is submitted to the United States District Judge assigned to this case pursuant to 28 U.S.C. § 636(b)(1). A party who objects to this report and 10] recommendation must file a written objection supported by points and authorities within fourteen 11] days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file 12] a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 13] F.2d 1153, 1157 (9th Cir. 1991). 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28