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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMSES GUTIERREZ, individually
and on behalf of all others similarly
situated, et al.,

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Plaintiffs,

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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.

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On June 27, 2017, this Court denied a motion to withdraw from Gordon & Rees

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LLP, the law firm representing Defendant Carter Brothers Security Services, LLC.

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Because Carter Brothers is not a natural person and therefore cannot represent itself in

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propria persona, see E.D. Cal. L.R. 183(a), the Court exercised its discretion to deny the

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motion and to grant Carter Brothers sixty (60) days to retain new counsel, ECF No. 97.

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The Court also stated that “[i]f new counsel is not retained within sixty (60) days, the

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Court will grant the Motion to Withdraw, strike Carter Brothers’s Answer, and enter

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default judgment against it.” Id. at 2.

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On August 25, 2017, John Carter, the president of Carter Brothers sent a letter to

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chambers requesting an additional two weeks to obtain counsel, which was filed on the

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docket. ECF No. 99. Gordon & Rees LLP, however, is still counsel of record for Carter

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Brothers, and Carter Brothers can only appear before this Court through an attorney.

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See E.D. Cal. L.R. 183(a) (“A corporation or other entity may appear only by an

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attorney.”). The Court hereby orders that Carter Brothers shall have until September 8,

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2017, to seek—through counsel—any modification of the Court’s June 27, 2017,

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Memorandum and Order. Otherwise, the Court shall proceed as originally set out in that

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prior decision.

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IT IS SO ORDERED.
Dated: August 29, 2017

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