Roach v. Tate Publishing & Enterprises, LLC et al

Filing 47

ORDER Requiring Defendants' Appearance at March 22, 2017 Hearing and Directing Defendants' Counsel to File an Affidavit Supplementing the Motion to Withdraw as Counsel (ECF No. 45 ) signed by Magistrate Judge Stanley A. Boone on 3/9/2017. (Valdez, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
TERRI HAYNES ROACH,,

10

Case No. 1:15-cv-00917-SAB

Plaintiff,

11

ORDER REQUIRING DEFENDANTS’
APPEARANCE AT MARCH 22, 2017
HEARING AND DIRECTING
DEFENDANTS’ COUNSEL TO FILE AN
AFFIDAVIT SUPPLEMENTING THE
MOTION TO WITHDRAW AS COUNSEL

v.

12

TATE PUBLISHING & ENTERPRISES,
LLC, et al.,

13
14

Defendants.

(ECF No. 45)

15
Plaintiff filed this copyright infringement action on June 15, 2015, against Defendants

16

17 Tate Publishing & Enterprises, LLC, Tate Music Group, and Richard Tate. On February 16,
18 2017, Defendants’ counsel filed a motion to withdraw as counsel. The motion to withdraw is
1
19 currently set to be heard on March 22, 2017, at 10:00 a.m.

Upon review of the motion to withdraw, the Court determines that it is necessary to have

20

21 Defendant Richard Tate and representatives for Defendants Tate Publishing & Enterprises, LLC,
22 and Tate Music Group personally appear at the March 22, 2017 hearing. However, Defendant
23 Richard Tate and representatives for Defendant Tate Publishing & Enterprises, LLC, and/or
24 Defendant Tate Music Group may request to appear by video or telephonically. Any request to
25 appear by video or telephonically should be made to the Court by and through Defendants’
26 counsel. Defendants’ counsel shall be required to personally serve all Defendants with a copy of
27 this order.
28

1

Plaintiff’s motion to lift the stay in this action is also set to be heard on March 22, 2017, at 10:00 a.m.

1

Upon a review of Defendants’ counsel’s motion to withdraw and the attached declaration

1

2 of John L. Migliazzo, the Court finds that Defendants’ counsel shall file an affidavit
3 supplementing their motion to withdraw. Local Rule 182(d) provides that “[t]he attorney shall
4 provide an affidavit stating the current or last known address or addresses of the client and the
5 efforts made to notify the client of the motion to withdraw.” L.R. 182(d).
6

Based on the foregoing, IT IS HEREBY ORDERED that:

7

1.

Defendant Richard Tate and representatives for Defendants Tate Publishing &

8

Enterprises, LLC, and Tate Music Group, SHALL APPEAR at the Robert Coyle

9

Federal Courthouse, 2500 Tulare Street, Fresno, CA on March 22, 2017, at
10:00 a.m. in Courtroom 9;

10
2.

11

Personal appearance is required by Defendant Richard Tate and representatives

12

for Defendants Tate Publishing & Enterprises, LLC, and Tate Music Group,

13

unless the Court grants their request by and through their counsel to appear by

14

video or telephonically;
3.

15

Defendants’ counsel shall personally serve a copy of this order on Defendants

16

Richard Tate, Tate Publishing & Enterprises, LLC, and Tate Music Group, and

17

file proof of service on or before March 17, 2017;
4.

18

Defendants’ counsel shall file an affidavit in compliance with Local Rule 182(d)
on or before March 17, 2017; and

19
5.

20

Defendants are forewarned that failure to appear at the March 22, 2017 hearing in

21

compliance with this order may result in the issuance of sanctions, up to and

22

including entry of default.

23
24

IT IS SO ORDERED.

25 Dated:

March 9, 2017
UNITED STATES MAGISTRATE JUDGE

26
27
28

2