Horizon Community Bank v. Land Bridge LLC et al

Filing 44

ORDER that defendant Land Bridge, LLC's Answer (Doc. 13) is stricken and that the Clerk of the Court shall enter default against defendant Land Bridge, LLC; granting 38 Motion to Withdraw as Attorney. Attorney Robert Scott Currey and Roger C Decker and the law firm of Udall, Shumway & Lyons, P.L.C. are withdrawn as counsel solely for defendants Bobby Shomer and Kristen L. Shomer. Signed by Judge G Murray Snow on 6/6/11.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Horizon Community Bank,
Plaintiff,

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vs.
Land Bridge, LLC, et al.,
Defendants.

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No. CV-11-8017-PCT-GMS

ORDER

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In an Order (Doc. 28) entered on April 4, 2011, the Court permitted counsel

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for defendant Land Bridge, LLC to withdraw without concurrent substitution of new

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counsel and warned Land Bridge that, as a limited liability company which could only

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appear in federal court through licensed counsel, it was subject to having its answer

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stricken and default and default judgment entered against it if it failed to substitute

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new counsel by May 16, 2011. Since a review of the record establishes that Land

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Bridge has to date failed to obtain new counsel, the Court finds that Land Bridge’s

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answer (Doc. 13) should be stricken and that default should be entered against it.1

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The Court notes that counsel representing all of Land Bridge’s members
informed the Court at the Scheduling Conference held on April 18, 2011, that the
members consented to the withdrawal of Land Bridge’s counsel, that Land Bridge
would not be obtaining new counsel, and that they understood that Land Bridge
would be defaulted.

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See Employee Painters’ Trust v. Ethan Enterprises, Inc., 480 F.3d 993, 998 (9th

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Cir.2007); United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245

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(9th Cir.1993), cert. denied, 513 U.S. 826 (1994). The Court will not resolve the issue

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of whether default judgment should be entered against Land Bridge until the

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resolution of claims in this action against the individual defendants. See In re First

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T.D. & Investment, Inc., 253 F.3d 520, 532 (9th Cir.2001). Therefore,

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IT IS ORDERED that defendant Land Bridge, LLC’s Answer (Doc. 13) is

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stricken and that the Clerk of the Court shall enter default against defendant Land

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Bridge, LLC.

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IT IS FURTHER ORDERED that the Motion to Withdraw as Counsel for

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Defendants Bobby and Kristen Shomer (With Consent) (Doc. 38) is granted pursuant

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to LRCiv 83.3(b)(1) and that Roger C. Decker and Robert Scott Currey and the law

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firm of Udall, Shumway & Lyons, P.L.C. are withdrawn as counsel solely for

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defendants Bobby Shomer and Kristen L. Shomer.2

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DATED this 6th day of June, 2011.

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The Clerk of the Court is advised that the contact information for the
defendants Shomer, who are now representing themselves, is set forth in
document 38.
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