Pete's Seats, Inc. v. Pete's Sports and Entertainment, LLC, et al.

Filing 56

ORDER DENYING 55 Request for a 30-Day Extension of Time to Respond to the Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 12/9/2015. The corporation shall appear or Show Cause by 12/18/2015. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PETE’S SEATS, INC.,
Plaintiffs,

12
13

v.

14

PETE’S SPORTS AND
ENTERTAINMENT, LLC,

15

Defendants.

16
17

AND RELATED COUNTER-CLAIMS

18
19

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-0777 - JLT
ORDER DENYING REQUEST FOR A 30-DAY
EXTENTION OF TIME TO RESPOND TO THE
ORDER TO SHOW CAUSE
(Doc. 55)

On October 29, 2015, the Court granted attorney, Paul Reidl’s, motion to withdraw as counsel

20

for Plaintiff. (Doc. 52) Notably, the was granted after Mr. Reidl filed the motion to withdraw on

21

September 30, 2015 and after Plaintiff was served notice of the request to withdraw on that same date.

22

(Doc. 45-1 at 5) Thus, as of now, Plaintiff has been on notice of the need to obtain replacement

23

counsel for more than 75 days. Despite this, it appears Plaintiff has taken no action to obtain

24

replacement counsel. Notably, when the Court grant Mr. Riedl’s request to withdraw, it ordered,

25

“Replacement counsel for the corporation SHALL enter an appearance in this matter within 21

26

days.” Id. at 4. Plaintiff failed to comply.

27
28

On November 23, 2015, the Court ordered Plaintiff to show cause within 14 days, why the
matter should not be dismissed for its failure to prosecute the action and to obey the Court’s orders.
1

1

(Doc. 54) Two weeks later, the corporation failed to respond but the President of the corporation, Pete

2

Kennedy, responded and asked both for an extension of time of both 30 days and for 90 days to

3

respond to the OSC. (Doc. 55) Mr. Kennedy notes, “Plaintiff has taken steps and is in the process of

4

retaining a lawyer to represent it in this case.” Id. at 1. He fails utterly to describe what steps he has

5

taken and exactly what he means by being “in the process” of hiring a lawyer. Id. This is insufficient.

6

Moreover, Mr. Kennedy has absolutely no authority to appear in this action. He is not a party to the

7

action and the corporation may only appear through counsel.

8
9
10
11

In the meanwhile, Defendant has filed a motion to dismiss for lack of prosecution. (Doc. 53)
Plaintiff has not opposed that motion and the time for doing so has passed. Accordingly, the Court
ORDERS:
1.

The request of Pete Kennedy for a 30 or a 90-day extension of time to respond to the

12

order to show cause is DENIED. The corporation SHALL appear through counsel or show cause

13

why the matter should not be dismissed no later than December 18, 2015.

14
15

Plaintiff is advised that the failure to comply with this order will result in the action being
dismissed without further notice.

16
17
18
19

IT IS SO ORDERED.
Dated:

December 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
2