Juarez, et al. v. Villafan, et al.

Filing 5

ORDER Requiring Defendant Demi Ag. Inc. to Retain Counsel and have said Counsel Appear in the case, signed by Magistrate Judge Stanley A. Boone on 6/7/2016. (Kusamura, W)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 OCTAVIANO JUAREZ, et al., Plaintiffs, 12 13 v. Case No. 1:16-cv-00688-DAD-SAB ORDER REQUIRING DEFENDANT DEMI AG. INC. TO RETAIN COUNSEL AND HAVE SAID COUNSEL APPEAR IN THIS ACTION 14 RAFAEL VILLAFAN, et al., 15 Defendants. 16 17 On May 13, 2016, Plaintiffs filed a complaint in this action. (ECF No. 1.) On June 3, 18 2016, Defendant Demi Ag. Inc. filed an answer to the complaint. (ECF No. 4.) The answer was 19 signed and filed by Margarita Ortega, who states that Demi Ag Inc. belongs to her, but there is 20 no indication that she is an attorney representing Defendant Demi Ag. Inc. 21 Defendant Demi Ag. Inc., a California corporation, is hereby advised that they may not 22 appear in propria persona. Local Rule 183 provides that “[a] corporation or other entity may 23 appear only by an attorney.” See also U.S. v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 24 1245 (9th Cir. 1993) (citing Rowland v. California Men’s Colony, Unit II Men’s Advisory 25 Council, 506 U.S. 194, 201–02 (1993)) (recognizing that a corporation is not permitted to appear 26 in federal courts unless it is represented by counsel). Defendant Demi Ag. Inc. is advised that it 27 must, within thirty (30) days of the date of entry of this order, seek and retain counsel, duly 28 licensed to practice before the above-entitled Court, and have said counsel appear in this matter. 1 1 Failure to have authorized counsel appear within thirty (30) days of the date of entry of this order 2 shall lead to sanctions at the discretion of the Court, including but not limited to the striking of 3 the answer of Defendant Demi Ag. Inc. and the entry of default against Defendant Demi Ag. Inc. Based on the foregoing, IT IS HEREBY ORDERED that Defendant Demi Ag. Inc. must 4 5 seek and retain counsel, duly licensed to practice before the above-entitled Court, and have said 6 counsel appear in this matter within thirty (30) days of the date of entry of this order. 7 8 9 IT IS SO ORDERED. 10 Dated: June 7, 2016 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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