900 Linden Block Development, LLC

Filing 9

ORDER GRANTING MOTION TO WITHDRAW AND STAYING ACTION SO THAT APPELLANT MAY OBTAIN REPLACEMENT COUNSEL 3 (Illston, Susan) (Filed on 12/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re 900 LINDEN BLOCK DEVELOPMENT,
LLC, a California limited liability company,
Debtor.

United States District Court
For the Northern District of California

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ORDER GRANTING MOTION TO
WITHDRAW AND STAYING ACTION
SO THAT APPELLANT MAY OBTAIN
REPLACEMENT COUNSEL

900 LINDEN BLOCK DEVELOPMENT, LLC,
Appellant,

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No. C 13-05288 SI

v.
UNITED STATES TRUSTEE,
Appellee.

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A motion for leave to withdraw as counsel filed by Tracy Henderson, counsel for
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debtor/appellant 900 Linden Block Development, LLC, came on for oral argument on December 13,
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2013. Although no written opposition was filed, Mr. Koray Ergur, debtor’s Managing Agent, appeared
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in person at the hearing and argued against the motion to withdraw. For the reasons discussed at the
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hearing and for good cause shown, the Court GRANTS the motion to withdraw effective sixty (60) days
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from the date this order is filed. In addition, the Court ORDERS Ms. Henderson to provide
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debtor/appellant with an electronic copy of all discovery she has in her possession, as discussed at the
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hearing, by Friday, December 20, 2013.
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Because debtor/appellant is a California limited liability company, it cannot proceed in this
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action without licensed counsel. See Civil L.R. 3-9(b); Rowland v. California Men’s Colony, 506 U.S.
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194, 202 (1993) (“[A] corporation may appear in the federal courts only through licensed counsel. . .
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. [T]he rationale for that rule applies equally to all artificial entities.”). Accordingly, the Court STAYS

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the action for sixty (60) days, until Friday, February 14, 2014, in order that debtor/appellant may

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obtain replacement counsel. Mr. Ergur is advised that he may not appear in court on behalf of 900

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Linden Block Development, LLC without counsel of record for debtor/appellant.

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The stay will be lifted upon request of debtor’s new counsel, when/if counsel makes an

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appearance. Alternatively, if new counsel for debtor does not appear prior to the end of the stay, counsel

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for defendant/appellee may make a motion to dismiss for failure to prosecute.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: December 16 , 2013

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SUSAN ILLSTON
United States District Judge

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