Digman et al v. Cummings et al

Filing 38

ORDER to SHOW CAUSE: Order Vacating May 17, 2012 Scheduling Conference, signed by Magistrate Judge Sheila K. Oberto on 5/14/2012. (Show Cause Response due by 5/25/2012.)(Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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EVA DIGMAN, et al.,

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CASE NO. 1:11-cv-01901-AWI-SKO

Plaintiffs,
v.

ORDER TO SHOW CAUSE

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ORDER VACATING MAY 17, 2012,
SCHEDULING CONFERENCE

BRIAN CUMMINGS, et al.,
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Defendants.
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This case was transferred to this Court from the Northern District of Texas on November 16,

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2011. (Doc. 29.) A scheduling conference was set for March 20, 2012. (Doc. 30.) On March 14,

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2012, the Court issued an order continuing the scheduling conference to May 17, 2012, to allow

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Plaintiffs additional time to associate local counsel or otherwise obtain a representative who is

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eligible to practice law in California and is a member of the Bar of this Court as Plaintiffs' counsel

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is neither admitted to practice law in California nor a member of the Bar of this Court.

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On May 10, 2012, Defendant Transwest Capital, Inc. filed a Scheduling Report indicating

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that Plaintiffs had not participated in drafting the mandatory Scheduling Report and did not appear

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to have retained or otherwise associated counsel admitted to the Bar of this Court. (Doc. 37.) In

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failing to participate in submitting a Joint Scheduling Report that was due on May 10, 2012,

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Plaintiffs are out of compliance with the Court's November 16, 2011, order, which requires that a

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Joint Scheduling Report be submitted by both parties one (1) full week prior to the Scheduling

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Conference. (Doc. 30, 2:22-25.)

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Finally, the Court notes that Plaintiff Red Canyon Transport, LLC is an artificial entity that

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may not proceed in federal court without counsel. Rowland v. Cal. Men's Colony, 506 U.S. 194, 202

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(1993) ("a corporation may appear in the federal courts only through licensed counsel").

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Within ten (10) days from the date of this order, Plaintiffs shall either:
a.

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Show cause why this action should not be recommended for dismissal for
failure to comply with the Court's Orders; or

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b.

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Retain counsel who shall file a Notice of Appearance on behalf of Plaintiffs;
and

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2.

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The Scheduling Conference currently set for May 17, 2012, is VACATED and will
be RESET as necessary.

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IT IS SO ORDERED.

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Dated:
ie14hj

May 14, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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