MyECheck, Inc. v. Seven Miles Securities et al

Filing 70

ORDER TO SHOW CAUSE signed by District Judge Kimberly J. Mueller on 5/30/2017 ORDERING the plaintiff to show cause within seven (7) days, why this case should not be dismissed for failure to prosecute. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MYECHECK, INC., 12 13 14 15 No. 2:14-cv-02889-KJM-AC Plaintiff, v. ORDER SEVEN MILES SECURITIES et al., Defendants. 16 17 18 On March 31, 2017, this court granted Brian R. Katz’s motion to withdraw as 19 attorney for plaintiff. ECF No. 69 at 4. Plaintiff, as a corporation, is subject to the longstanding 20 rule that “corporations and other incorporated associations must appear in court through an 21 attorney.” Indymac Fed. Bank, F.S.B., No. 08–1871, 2010 WL 2000013, at *2; see also Local 22 Rule 183(a). Because Katz’s withdrawal would have effectively placed the plaintiff in immediate 23 violation of the rules, this court granted plaintiff thirty days to obtain substitute counsel. ECF No. 24 69 at 4. The court warned plaintiff if it failed to obtain new counsel, and have counsel file a 25 notice of appearance, it would be subject to dismissal for failure to prosecute. Id. The order was 26 served on plaintiff at its last known address. Id. 27 28 1 1 Thirty days have long passed, and there is no indication plaintiff has obtained 2 counsel. Accordingly, the court orders plaintiff to SHOW CAUSE, within seven days of this 3 order, why this case should not be dismissed for failure to prosecute. Fed. R. Civ. P. 41(b). 4 5 IT IS SO ORDERED. DATED: May 30, 2017. 6 7 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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