Hopson v. 620 West Charter Way Limited Liability Company

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 11/6/15 ORDERING that Defendant's answer 5 is STRICKEN. This action is STAYED until 1/15/2016 to allow defendant an opportunity to retain counsel and file a response to the complaint. If defendant fails to appear through counsel and respond to the complaint by 1/15/2016, plaintiff shall request the Clerk to enter defendant's default and subsequently move for a default judgment. If the parties informally settle this case at any time, they shall promptly notify the court. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA HOPSON,

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No. 2:15-cv-1422-JAM-KJN PS

Plaintiff,
v.

ORDER

620 WEST CHARTER WAY LIMITED
LIABILITY COMPANY,
Defendant.

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Plaintiff, represented by counsel, commenced this disability access case on July 3, 2015.

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(ECF No. 1.) Thereafter, on September 3, 2015, defendant, a limited liability company, appeared

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through Sukhi Singh, a non-attorney who is affiliated with defendant in some capacity, and filed

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an answer to the complaint. (ECF No. 5.) On November 4, 2015, the action was referred to the

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undersigned pursuant to Local Rule 302(c)(21). (ECF No. 6.)

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Defendant, as a limited liability company, cannot appear in federal court without an

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attorney. Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993) (holding that

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corporations, partnerships, or associations may not appear in federal court otherwise than through

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a licensed attorney). Therefore, defendant’s answer, filed by a non-attorney, must be stricken.

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However, in the interests of justice, the court finds it appropriate to grant defendant a
reasonable period of time to obtain counsel.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s answer (ECF No. 5) is STRICKEN.

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2. This action is stayed until January 15, 2016 to allow defendant an opportunity to retain

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counsel and file a response to the complaint.

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3. If defendant fails to appear through counsel and respond to the complaint by January

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15, 2016, plaintiff shall request the Clerk of Court to enter defendant’s default and

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subsequently move for a default judgment.

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4. If the parties informally settle this case at any time, they shall promptly notify the
court.
IT IS SO ORDERED.
Dated: November 6, 2015

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