The Sherwin-Williams Company v. L.A. Smith & Sons Inc. et al

Filing 47

SCHEDULING ORDER AND ORDER TO SHOW CAUSE RE NECESSITY OF APPEARANCE THROUGH COUNSEL FOR ENTITY DEFENDANT L.A. SMITH & SONS, INC. Order to Show Cause Hearing set for 9/5/2013 at 2:00 PM. Show Cause Response due by 8/29/2013. Initial Case Management Conference set for 9/5/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 17, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 7/18/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE SHERWIN-WILLIAMS COMPANY,

Case No. 12-cv-02761-JST

Plaintiff,
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v.
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L.A. SMITH & SONS INC., et al.,
Defendants.

SCHEDULING ORDER AND ORDER
TO SHOW CAUSE RE NECESSITY OF
APPEARANCE THROUGH COUNSEL
FOR ENTITY DEFENDANT L.A.
SMITH & SONS, INC.

United States District Court
Northern District of California

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In its Order dated March 16, 2013 granting the withdrawal of prior counsel for defendant
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L.A. Smith & Sons, Inc., ECF No. 43, the Court admonished defendant that, “as a corporation,

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Defendant L. A. Smith & Sons, Inc., cannot appear in court except through an attorney, and so
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must obtain new counsel.” The Court’s order reflected settled law and the Local Rules of this

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Court. Civ. L.R. 3-9(b)(“A corporation, unincorporated association, partnership or other such
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entity may appear only through a member of the bar of this Court”); Rowland v. California Men's
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Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993)(“It has been the law for the
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better part of two centuries . . . that a corporation may appear in the federal courts only through
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licensed counsel”).
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It appears from the docket in this action that defendant L.A. Smith & Sons, Inc., is still not
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represented by counsel. See, e.g., The Sherwin-Williams Company’s Case Management
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Statement, ECF No. 46 at 2. No notice of appearance for new counsel has been filed. Unless and
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until L.A. Smith & Sons, Inc. obtains new counsel, the Court cannot conduct a meaningful Case
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Management Conference.
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Accordingly, and good cause appearing, the Case Management Conference scheduled for
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July 24, 2014 is VACATED. The matter is set for an Order to Show Cause hearing on September
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5, 2013 at 2:00 p.m. At that hearing, Defendant L.A. Smith & Sons, Inc. is ORDERED TO

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SHOW CAUSE why its answer and counterclaim should not be stricken for failure to appear

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through licensed counsel. See, e.g., O'Campo v. Ghoman, CIV S-08-1624 KJM, 2011 WL

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5510018 (E.D. Cal. Nov. 10, 2011) (noting striking of answer and entry of default as to

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unrepresented corporate defendant).

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If defendant L.A. Smith & Sons, Inc. retains an attorney, and that attorney files a Notice of

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Appearance on or before August 29, 2013, the Order to Show Cause will be vacated, and the

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hearing will proceed as a Case Management Conference.

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IT IS SO ORDERED.
Dated: July 17, 2013

United States District Court
Northern District of California

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______________________________________
JON S. TIGAR
United States District Judge

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