Ignore USDC Local Rules at your peril

   Last week the Ninth Circuit affirmed a million-dollar default judgment against three parties who failed to adhere to some basic local court rules.  In Employee Painters' Trust v. Ethan Enterprises, Inc., filed in the Western District of Washington, two pro se defendants failed to update their mailing addresses with the court in violation of a local rule.  When plaintiffs could not serve those defendants at the addresses on file with the court, the District Court properly entered default.  (The District of Oregon Local Rule 83.12 similarly states that if mail is undeliverable at a last known address, and a party or attorney fails to provide an updated address, the court may enter default or dismiss the action.)

And the third defendant, a corporation, failed to retain replacement counsel when its attorney withdrew, in violation of another local rule.  It, too, was subject to a default judgment as a result.