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