Gutierrez, et al. v. Carter Brothers Security Services, LLC, et al.

Filing 101

ORDER signed by District Judge Morrison C. England, Jr. on 08/29/17 ORDERING that Carter Brothers shall have until 09/08/17, to seek--through counsel--any modification of the Court's 97 06/27/17 Memorandum and Order. Otherwise, the Court shall proceed as originally set out in that prior decision. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 RAMSES GUTIERREZ, individually and on behalf of all others similarly situated, et al., 13 Plaintiffs, 14 15 16 17 18 No. 2:14-cv-00351-MCE-CKD MEMORANDUM AND ORDER v. CARTER BROTHERS SECURITY SERVICES, LLC; AT&T DIGITAL LIFE, INC.; PACIFIC BELL TELEPHONE COMPANY dba AT&T DATACOMM, INC., AT&T CORP.; and DOES 1 through 10, inclusive, Defendants. 19 On June 27, 2017, this Court denied a motion to withdraw from Gordon & Rees 20 21 LLP, the law firm representing Defendant Carter Brothers Security Services, LLC. 22 Because Carter Brothers is not a natural person and therefore cannot represent itself in 23 propria persona, see E.D. Cal. L.R. 183(a), the Court exercised its discretion to deny the 24 motion and to grant Carter Brothers sixty (60) days to retain new counsel, ECF No. 97. 25 The Court also stated that “[i]f new counsel is not retained within sixty (60) days, the 26 Court will grant the Motion to Withdraw, strike Carter Brothers’s Answer, and enter 27 default judgment against it.” Id. at 2. 28 /// 1 1 On August 25, 2017, John Carter, the president of Carter Brothers sent a letter to 2 chambers requesting an additional two weeks to obtain counsel, which was filed on the 3 docket. ECF No. 99. Gordon & Rees LLP, however, is still counsel of record for Carter 4 Brothers, and Carter Brothers can only appear before this Court through an attorney. 5 See E.D. Cal. L.R. 183(a) (“A corporation or other entity may appear only by an 6 attorney.”). The Court hereby orders that Carter Brothers shall have until September 8, 7 2017, to seek—through counsel—any modification of the Court’s June 27, 2017, 8 Memorandum and Order. Otherwise, the Court shall proceed as originally set out in that 9 prior decision. 10 11 IT IS SO ORDERED. Dated: August 29, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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