International Chemical Supplies, Inc., et al. v. Restoration Energy, LLC, et al.

Filing 16

ORDER GRANTING 15 Restoration Energy, LLC an Extension of Time to File a Responsive Pleading, signed by Magistrate Judge Jennifer L. Thurston on 2/17/2015. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 INTERNATIONAL CHEMICAL SUPPLIES, INC., et al. 12 Plaintiffs, 13 14 v. RESTORATION ENERGY, LLC, et al., 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-01645 - --- - JLT ORDER GRANTING RESTORATION ENERGY, LLC AN EXTENSION OF TIME TO FILE A RESPONSIVE PLEADING (Doc. 15) 17 On January 12, 2015, the Court struck the answer and counterclaim filed on behalf of 18 Restoration Energy, LLC because the documents were filed by the President of the limited liability 19 corporation, Peter F. Schaefer. (Doc. 11) In that order, the Court set forth the well-settled legal 20 authority that a corporation may appear only through counsel. Id. The Court ordered Restoration 21 Energy, LLC to show cause within 30 days why default should not be entered or to file a responsive 22 pleading through counsel. Id. 23 On February 9, 2015, Mr. Schaefer filed a statement indicating why he believes the lawsuit is 24 improper1 and explains that he filed the responsive pleadings because obtaining an attorney will cost 25 the corporation money that it “does not have.” (Doc. 15) Apparently now recognizing that the 26 corporation has no option but to appear through counsel, on behalf of the corporation, he requests 30 27 28 1 In doing so, he chides the Court for refusing to flout the law and failing to consider the merits of the filings. (Doc. 15 at 1-2) The Court cannot and will not do that. 1 1 days more within which to retain counsel.2 Id. at 2. Thus, good cause appearing, the Court will grant 2 Restoration Energy, LLC the requested extension of time. 3 ORDER 4 Based upon the foregoing, the Court ORDERS: 5 1. 6 Failure to do so may result in the entry of default; No further filings will be accepted on behalf of the corporation except through a duly 7 8 Restoration Energy, LLC is granted until March 20, 2015 to file a responsive pleading. licensed attorney. 9 10 IT IS SO ORDERED. 11 Dated: February 17, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Mr. Schaefer claims that if the extension is not granted he will be deprived of due process. Id. However, Mr. Schaefer is not a party to this litigation and has no process due. In electing the benefits provided by the formation of a limited liability corporation, he must also accept the detriments; namely, that the corporation may only appear in litigation through counsel. 2

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