United States of America v. Halajian et al

Filing 12

ORDER GRANTING 11 , Request for an Extension of Time to Respond to the Complaint. Defendant Barry Halajian's responsive pleading shall be filed on or before June 26, 2014; Defendant Barry Halajian SS Municiple Corporation must retain c ounsel prior to June 26, 2014, and file a responsive pleading by that date; if Defendant Barry Halajian SS Municple Corporation fails to retain counsel and file a responsive pleading on or before June 26, 2014, the Court will enter the entity's default; Plaintiff's request for the Clerk of Court to enter Defendants' default is DENIED as moot; and the Clerk of Court is DIRECTED to serve a copy of this order on Barry Halajian. Order signed by Magistrate Judge Sheila K. Oberto on 4/24/2014. (Timken, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

UNITED STATES OF AMERICA,
Plaintiff,

10
11

v.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

ORDER GRANTING REQUEST FOR AN
EXTENSION OF TIME TO RESPOND TO
THE COMPLAINT
(Doc. 11)

12
13

Case No. 1:14-cv-00225-AWI-SKO

BARRY HALAJIAN; BARRY HALAJIAN
SS MUNICIPLE CORPORATION,
Defendants.
_____________________________________/
On February 19, 2014, Plaintiff United States of America ("Plaintiff") filed a complaint
against Defendants Barry Halajian and "Barry Halajian SS Municiple Corporation" (collectively,
"Defendants"). (Doc. 1.) On February 20, 2014, Plaintiff filed an ex parte application to serve by
publication pursuant to California Code of Civil Procedure § 415.50, which was granted. (Docs.
5, 8.) Plaintiff filed a certification of publication on April 17, 2014. (Doc. 9.)

On

April

21,

2014, Defendant Barry Halajian ("Halajian") filed a motion for a 60-day extension of time to file a
response to the complaint. (Doc. 11.)
Halajian's request for an extension of time to answer the complaint shall be granted. The
Court notes, however, that Defendant "Barry Halajian SS Municiple Corporation" is an entity
defendant. Defendants are advised that "a corporation may appear in federal courts only through
licensed counsel." Rowland v. Cal. Men's Colony, 506 U.S. 194, 202 (1993); United States v.
High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam); see also Osborn v.

1 Bank of U.S., 22 U.S. (9 Wheat.) 738, 829 (1824). All artificial entities must appear in federal
2 court through counsel. Rowland, 506 U.S. at 202. Additionally, this Court's Local Rule 183(a)
3 provides: "A corporation or other entity may appear only by an attorney." As such, any response
4 to the complaint filed on behalf of "Barry Halajian SS Municiple Corporation" must be made by
5 and through a licensed attorney.
6

Finally, on April 22, 2014, Plaintiff filed a request that the Clerk of Court enter

7 Defendants' default. However, because Mr. Halajian has appeared in the action to request an
8 extension of time to respond to the complaint, this request is DENIED.
9
10

Accordingly, IT IS HEREBY ORDERED that:
1.

11
12

to the complaint is GRANTED;
2.

13
14

Defendant Barry Halajian's responsive pleading shall be filed on or before June 26,
2014;

3.

15
16

Defendant Barry Halajian's motion for a 60-day extension of time to file a response

Defendant Barry Halajian SS Municiple Corporation must retain counsel prior to
June 26, 2014, and file a responsive pleading by that date;

4.

If Defendant Barry Halajian SS Municple Corporation fails to retain counsel and

17

file a responsive pleading on or before June 26, 2014, the Court will enter the

18

entity's default;

19

5.

20
21

Plaintiff's request for the Clerk of Court to enter Defendants' default is DENIED as
moot; and

6.

22

The Clerk of Court is DIRECTED to serve a copy of this order on Barry Halajian at
P.O. Box 8172, Fresno, California.

23
24
25

IT IS SO ORDERED.
Dated:

April 24, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

26
27
28
2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3