Capital Mailing Services, Inc. v. Salt Creek Media, Inc., et al.

Filing 53

ORDER signed by District Judge Troy L. Nunley on 4/11/2016 ORDERING that the Court hereby GRANTS the 50 motion for withdrawal of counsel and further orders a STAY for a period of 60 days to allow Plaintiff to designate new counsel. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12

CAPITAL MAILING SERVICES, INC., a
California corporation,

CASE NO. 2:15-CV-02337-TLN-CKD

13
Plaintiff,
14
v.
15
16
17

SALT CREEK MEDIA, INC., a California
corporation; ANDREW CODY, an individual;
MATTHEW KELSOE, an individual;
ROBERT RICO, an individual; JOSHUA
BYRD, an individual; and DOES 1-20,

18
Defendants.
19
20
21

On March 28, 2016, counsel for Plaintiff Capital Mailing Services, Inc. (“CMS” or

22

“Plaintiff”) and Counter-Defendants APC Holding & Management, Inc., Perice D. Sibley, and

23

CMS (“Counter-Defendants”), Berliner Cohen LLP, filed an amended motion seeking

24

withdrawal as the attorneys of record. (ECF No. 50.) Specifically, the motion seeks to have

25

Berliner Cohen LLP withdraw as attorneys of record for Plaintiff, but to remain as attorneys of

26

record for Counter-Defendants until such time as the Court issues an order granting a pending

27

motion to dismiss Defendant/Counterclaimant Andrew Cody’s counterclaims. (ECF No. 50 at

28

2.) Because the Court will issue an order dismissing those counterclaims simultaneously with
-1-

1

the entry of this order, the Court grants the request that Berliner Cohen LLP withdraw as

2

attorneys of record for Counter-Defendants.

3

The Court’s dismissal of Defendant/Counterclaimant Andrew Cody’s counterclaims,

4

dismisses Counter-Defendants APC Holding & Management, Inc. and Perice D. Sibley from the

5

litigation. Therefore, Plaintiff is the only remaining party in the litigation from which Berliner

6

Cohen LLP seeks withdrawal. It is well-established that a corporation may not proceed pro se in

7

federal court. United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir.

8

1993). Therefore, the Court hereby stays this litigation for 60 days to permit reasonable time for

9

Plaintiff to find new counsel and allow counsel time to become familiar with the case. If no

10

counsel enters an appearance on behalf of Plaintiff within 60 days of the entry of this order, the

11

Court would look favorably upon a defendant’s motion for involuntary dismissal under Federal

12

Rule of Civil Procedure 41.

13

For the reasons set forth above, the Court hereby GRANTS the motion for withdrawal of

14

counsel (ECF No. 50) and further orders a STAY for a period of 60 days to allow Plaintiff to

15

designate new counsel.

16
17

IT IS SO ORDERED.

18
19

Dated: April 11, 2016

20
Troy L. Nunley
United States District Judge

21
22
23
24
25
26
27
28
-2-