McMenemy v. Flagship Financial Group, LLC et al

Filing 17

ORDER Granting Defendant Colonial First lending Group, Inc.'s Ex Parte Motion for Extension of Time to Answer to Otherwise Respond 15 : (1) Defendant Colonial First, Inc. may have up to and including 5/9/2014 to file a responsive pleading in th is matter; (2) Defendant may not appear in this case without counsel; (3) Failure to properly answer may subject defendant to entry of default and default judgment (4) No further request will be considered without representation of counsel. signed by Magistrate Judge Barbara A. McAuliffe on 5/1/2014. (Herman, H)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 DIANA AND MICHAEL McMENEMY, Plaintiffs, 10 13 14 ORDER GRANTING DEFENDANT COLONIAL FIRST LENDING GROUP, INC.’S EX PARTE MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND v. 11 12 CASE NO. 1:14-cv-0219-BAM FLAGSHIP FINANCIAL GROUP, LLC, COLONIAL FIRST LENDING GROUP, INC., COLONIAL FIRST BUSINESS DEVELOPMENT, LLC and DEVIN JONES, Defendant. 15 / 16 17 On April 25, 2014, Defendant Colonial First, LLC (“Defendant”), appearing pro se, filed an ex 18 parte motion for an extension of time to file an answer or otherwise appear in this action.1 (Doc. 15). 19 Defendant requests an additional ten days to file its answer because before appearing in this matter, 20 counsel, originally representing Defendant, withdrew from the case. Defendant’s ex parte request for 21 an extension of time to answer is GRANTED. (Doc. 15). However, Defendant is warned that it must 22 seek new counsel immediately as federal law and this Court’s local rules require that all entities be 23 represented by counsel in matters before this court. 24 The Ninth Circuit has held that “a corporation may appear in the federal courts only through 25 licensed counsel.” In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (“Corporations and other 26 27 28 1 Defendant incorrectly filed its ex parte motion for an extension of time as an answer. Defendant has not answered the operative complaint or otherwise appeared in this matter. Upon notice of the incorrect filing, the Clerk of the Court refiled Defendant’s ex parte request as a motion for an extension of time to file an answer. (Doc. 15). 1 1 unincorporated associations must appear in court through an attorney.”). Additionally, Local Rule 2 183(a) provides: “A corporation or other entity may appear only by an attorney.” L.R. 183(a). 3 Accordingly, any answer filed by defendant without representation of counsel will be stricken. 4 Defendant is informed that failure to obtain counsel could result in the entry of default and that 5 Plaintiffs may be permitted to seek default judgment. See Employee Painters’ Trust v. Ethan Enters., 6 Inc., 480 F.3d 993, 998 (9th Cir. 2007) (affirming the district court’s entry of default judgment based 7 on a corporation's failure to obtain counsel). In addition, no further requests filed pro se by defendant 8 will be considered by the court. 9 10 11 Accordingly, IT IS HEREBY ORDERED that: (1) Defendant Colonial First, Inc. may have up to and including May 9, 2014 to file a responsive pleading in this matter; 12 (2) Defendant may not appear in this case without counsel; 13 (3) Failure to properly answer may subject defendant to entry of default and default 14 judgment; 15 (4) 16 No further requests will be considered without representation of counsel. IT IS SO ORDERED. 17 18 Dated: /s/ Barbara May 1, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?