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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INTERNATIONAL CHEMICAL
SUPPLIES, INC., et al.

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Plaintiffs,

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v.
RESTORATION ENERGY, LLC, et al.,

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Defendant.

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Case No.: 1:14-cv-01645 - --- - JLT
ORDER GRANTING RESTORATION ENERGY,
LLC AN EXTENSION OF TIME TO FILE A
RESPONSIVE PLEADING
(Doc. 15)

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On January 12, 2015, the Court struck the answer and counterclaim filed on behalf of

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Restoration Energy, LLC because the documents were filed by the President of the limited liability

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corporation, Peter F. Schaefer. (Doc. 11) In that order, the Court set forth the well-settled legal

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authority that a corporation may appear only through counsel. Id. The Court ordered Restoration

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Energy, LLC to show cause within 30 days why default should not be entered or to file a responsive

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pleading through counsel. Id.

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On February 9, 2015, Mr. Schaefer filed a statement indicating why he believes the lawsuit is

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improper1 and explains that he filed the responsive pleadings because obtaining an attorney will cost

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the corporation money that it “does not have.” (Doc. 15) Apparently now recognizing that the

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corporation has no option but to appear through counsel, on behalf of the corporation, he requests 30

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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.

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days more within which to retain counsel.2 Id. at 2. Thus, good cause appearing, the Court will grant

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Restoration Energy, LLC the requested extension of time.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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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

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Restoration Energy, LLC is granted until March 20, 2015 to file a responsive pleading.

licensed attorney.

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IT IS SO ORDERED.

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Dated:

February 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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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.

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