Woodward v. BC Oil Logistics, LLC

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 1/26/15 ORDERING that any opposition to plaintiff's pending motion for default judgment, as well as any request to set aside the clerk's entry of default, shall be filed no later than 2/26/15. Any reply by plaintiff shall be due no later than 3/12/15. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURIE WOODWARD,

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No. 2:14-cv-2902-WBS-KJN

Plaintiff,
v.

ORDER

BC OIL LOGISTICS, LLC,
Defendant.

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In this diversity action alleging breach of contract, the Clerk of Court entered defendant

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BC Oil Logistics, LLC’s default on January 12, 2015. (ECF No. 10.) That same day, defendant,

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proceeding without counsel, filed an answer. (ECF No. 11.) Subsequently, on January 16, 2015,

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plaintiff filed a motion for default judgment. (ECF No. 12.)

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Although defendant filed an answer to the complaint, it is well established that defendant,

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as a limited liability company, cannot appear in federal court without an attorney. Rowland v.

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California Men’s Colony, 506 U.S. 194, 202 (1993) (holding that corporations, partnerships, or

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associations may not appear in federal court otherwise than through a licensed attorney). As

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such, the filing of defendant’s pro se answer here does not preclude the entry of default judgment.

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Nevertheless, having advised defendant of the deficiency of its answer, the court finds it

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appropriate to provide defendant with at least a brief opportunity to obtain counsel, if it chooses
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to do so, and sets a briefing schedule accordingly. If defendant obtains counsel, defendant may

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then file an opposition to the motion for default judgment simultaneously with a request to set

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aside the clerk’s entry of default.1 However, defendant is cautioned that the court, consistent with

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applicable law, will not consider an opposition or other filings submitted by defendant without

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counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Any opposition to plaintiff’s pending motion for default judgment, as well as any

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request to set aside the clerk’s entry of default, shall be filed no later than February 26,

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2015.

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2. Any reply by plaintiff shall be due no later than March 12, 2015.

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IT IS SO ORDERED.

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Dated: January 26, 2015

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In that case, the parties are also encouraged to meet and confer regarding potential informal
resolution of the matter by a stipulation and proposed order.
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