BoxNic Anstalt v. Gallerie degli Uffizi

Filing 43

ORDER re: 42 Notice (Other) filed by Gallerie degli Uffizi. Plaintiff must retain new counsel on or before 10/25/2019. If new counsel is not retained, plaintiff's claims will be dismissed with prejudice. Signed by Senior Judge David G Campbell on 10/1/2019. (DGC, nvo)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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BoxNic Anstalt,
Plaintiff/Counterdefendant,

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ORDER

v.

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No. CV18-1263-PHX-DGC

Gallerie degli Uffizi,

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Defendant/Counterclaimant.

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The Court held a hearing on September 3, 2019. On the basis of the hearing, the

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Court will afford Plaintiff until October 25, 2019, to retain new counsel in this case. If

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Plaintiff fails to do so, Plaintiff’s claims will be dismissed with prejudice.

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Plaintiff’s counsel has moved to withdraw. Doc. 37. A corporation cannot appear

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in federal court without counsel. Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory

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Counsel, 506 U.S. 194, 201-202 (1993). The Court accordingly set a telephone hearing for

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September 3, 2019, and ordered a representative of Plaintiff to participate. Doc. 38.

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The hearing was held as scheduled, and a representative of Plaintiff did not

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participate. Counsel for Plaintiff stated that he had sent Plaintiff several emails advising it

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of the hearing, including a copy of the Court’s order. Counsel further stated that Plaintiff

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confirmed receipt of the emails, but stated that Plaintiff would not participate in the

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hearing. Counsel said Plaintiff gave no reason for declining to participate. The Court

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asked whether Plaintiff understood that a corporation cannot appear without counsel in

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federal court, and that Plaintiff’s claims must be dismissed if counsel is allowed to

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withdraw. Plaintiff’s counsel confirmed that Plaintiff was advised of this fact before it

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declined to participate in the hearing.

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The Court also discussed discovery issues at the hearing. Plaintiff has failed to

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comply with its discovery obligations, despite the fact that less than three months remain

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before the close of discovery. Doc. 39. Defendant asserted that Plaintiff committed to

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correct the discovery deficiencies by July 24, 2019, but never did so. Id. at 2. When asked

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during the hearing whether he disagreed with these assertions, Plaintiff’s counsel said no.

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Thus, the Court is faced with the following situation: Plaintiff understands that it

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must be represented by counsel in federal court; Plaintiff understands that its claims will

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be dismissed if counsel is permitted to withdraw; Plaintiff declined to participate in the

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September 3, 2019 hearing despite being ordered to do so; and Plaintiff has failed to comply

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with its discovery obligations.

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The Court will afford Plaintiff one final opportunity to comply with the Court’s

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orders. Plaintiff shall have until October 25, 2019, for new counsel to appear on its behalf.

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If new counsel has not formally appeared in this case by that date, the Court will grant the

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motion to withdraw filed by current Plaintiff’s counsel, dismiss Plaintiff’s complaint with

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prejudice, and enter a default judgment against Plaintiff on Defendant’s counterclaims.

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Current counsel is directed to advise Plaintiff of this order, and provide Plaintiff with a

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copy, immediately.

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Dated this 1st day of October, 2019.

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