Austin et al v. Taylor et al

Filing 20

ORDER DENYING PLAINTIFFS SUBSTITUTION OF ATTORNEY. Signed by Magistrate Judge Jacqueline Scott Corley on 11/4/2015. (ahm, COURT STAFF) (Filed on 11/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY J AUSTIN, et al.,

Case No. 15-cv-00162-JSC

Plaintiffs,
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v.

ORDER DENYING PLAINTIFFS’
SUBSTITUTION OF ATTORNEY

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GRAHAM TAYLOR, et al.,

Re: Dkt. Nos. 18 & 19

Defendants.

United States District Court
Northern District of California

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Plaintiffs Larry Austin, Furama Los Angeles, Inc., and Dragon Charm, LLC filed this civil

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action in January 2015. The Court has granted Plaintiffs three extensions of time to serve the

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complaint. On the deadline to file their amended complaint, Plaintiffs instead filed a notice of

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substitution of attorney seeking to replace attorney James Braden with themselves in pro se and a

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further motion for extension of time to amend and serve their complaint. (Dkt. Nos. 18 & 19.)

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Plaintiffs’ notice of substitution is DENIED for failure to comply with the local rules and the

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motion for an extension of time is STRICKEN as it was improperly filed by Plaintiffs pro se.

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Civil Local Rule 11-5 sets forth the requirements whereby counsel can seek leave to

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withdraw. Plaintiffs’ counsel must file a motion that complies with the Local Rules. Further, two

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of the Plaintiffs here are corporations and a corporation cannot proceed pro se. See Civ. L.R. 3-

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9(b) (“A corporation, unincorporated association, partnership or other such entity may appear only

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through a member of the bar of this Court.”); see also Rowland v. California Men’s Colony, Unit

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II Men's Advisory Council, 506 U.S. 194, 202 (1993) (“a corporation may appear in the federal

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courts only through licensed counsel”). Plaintiffs Furama Los Angeles, Inc., and Dragon Charm,

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LLC, thus must obtain alternate legal counsel to proceed with this action.

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Accordingly Plaintiffs’ counsel, James Braden, shall file a motion which complies with

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this Order and the Local Rules on for before November 12, 2015. Failure to do so may result in

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the dismissal of this action without prejudice for failure to prosecute.

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This Order disposes of Docket Nos. 18 and 19.

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IT IS SO ORDERED.
Dated: November 4, 2015

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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