Wirum v. 0713401 B.C. Ltd et al

Filing 86

ORDER. Signed by Judge Samuel Conti on 09/07/2012. (sclc2S, COURT STAFF) (Filed on 9/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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PLUSFIVE CLAIMS, LLC,
Plaintiff,

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) Case No. 10-1561-SC
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) ORDER
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v.
0713401 B.C. LTD, a foreign
entity, SHARRIE CUTSHALL, an
individual,

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Defendants.
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On May 25, 2012, the Court allowed the law firm Greenan Peffer

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Sallander & Lally LLP ("Greenan Peffer") to withdraw as counsel for

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Defendants 0713401 B.C. Ltd. and Sharrie Cutshall.

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The Court permitted Greenan Peffer to withdraw only on the

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condition that it "continue to forward communications" to Ms.

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Cutshall and 0713401 B.C. LTD.

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Peffer to send Ms. Cutshall a letter by registered mail, explaining

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several points to her.

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Id.

ECF No. 70.

The Court also ordered Greenan

Greenan Peffer sent the letter that same day.

ECF No. 72

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("May 25 Letter").

The May 25 Letter explained that Greenan Peffer

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was no longer Ms. Cutshall's lawyer.

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Peffer would forward to Ms. Cutshall all the documents in the case.

It explained that Greenan

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It explained that Ms. Cutshall faced an "alter ego" claim, that is,

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a claim that 0713401 B.C. Ltd. and Ms. Cutshall "are one and the

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same," with the result that if the Court enters a money judgment

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against the company, Ms. Cutshall could be held personally

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responsible for paying the company's debt.

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informed Ms. Cutshall that the Court had scheduled a trial in this

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case for September 17, 2012, and that the trial date was

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"inflexible and shall not be changed."

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Ms. Cutshall of the pretrial conference set for September 7, 2012.

United States District Court

The letter also informed

Greenan Peffer filed the May 25 Letter in the Court's

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For the Northern District of California

The May 25 Letter also

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electronic filing system on June 4, 2012.

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was a signed return receipt indicating that the letter was accepted

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at Ms. Cutshall's address on Foothill Drive in Salt Lake City,

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Utah.

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Attached to the filing

See May 25 Letter at 3.
On September 7, 2012, the Court held the scheduled pretrial

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conference.

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earlier order of the Court, Ms. Cutshall's former counsel, Greenan

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Peffer, also appeared.

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hearing, the Court reviewed the contents of the May 25 Letter.

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Court observed that there is nothing in that letter, or any of the

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other documents sent to Ms. Cutshall, which suggests that any of

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the dates mentioned in the May 25 Letter had been changed.

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Counsel for Plaintiff appeared.

Pursuant to an

Ms. Cutshall did not appear.

At the
The

The Court hereby ORDERS Greenan Peffer to send a letter to Ms.

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Cutshall with a return receipt request.

The letter shall enclose a

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copy of this Order.

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more, of the following: The trial scheduled for September 17, 2012

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shall occur on that date.

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Courtroom One, United States Courthouse, 450 Golden Gate Avenue,

The letter shall inform Ms. Cutshall, once

It shall begin at 10:00 a.m. in

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San Francisco, California.

At the trial, Ms. Cutshall may

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represent herself.

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B.C. Ltd.

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defense, it must have an attorney.

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appear, then the Court will enter default against her.

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means that she loses her case.)

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or appears without a lawyer to represent 0713401 B.C. Ltd., then

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the Court also will enter default against 0713401 B.C. Ltd.

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Finally, if Ms. Cutshall does not appear, then instead of a trial

However, only a lawyer may represent 0713401

Therefore, if 0713401 B.C. Ltd. intends to present a
If Ms. Cutshall does not
("Default"

If Ms. Cutshall does not appear,

United States District Court

For the Northern District of California

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the Court will hold a "prove-up hearing."

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Plaintiff will present evidence and the Court will determine how

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much Ms. Cutshall is liable for.

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of 0713401 B.C. Ltd.

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issue.

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At the prove-up hearing,

That amount may include the debts

The Court will also rule on the alter-ego

The Court wishes to inform Ms. Cutshall of the existence of

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the Court's Pro Se Help Desk, which is designed to give information

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to people who have no lawyer.

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is [phone] x8657.

The Pro Se Help Desk's phone number

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IT IS SO ORDERED.

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Dated: September 7, 2012
UNITED STATES DISTRICT JUDGE

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