Milliner et al v. Bock Evans Financial Counsel, Ltd.

Filing 59

ORDER Granting in Part 58 Administrative Motion for Extension to Secure Counsel. Signed by Hon. Thelton E. Henderson on 03/01/16. (tehlc2, COURT STAFF) (Filed on 3/1/2016)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

CHARLOTTE B. MILLINER, et al.,

5

Plaintiffs,

6
7
8

v.
BOCK EVANS FINANCIAL
COUNSEL, LTD.,

Case No. 15-cv-01763-TEH
ORDER GRANTING
ADMINISTRATIVE MOTION FOR
EXTENSION TO SECURE
COUNSEL

Defendant.
9
10

On February 3, 2016, this Court granted Shustak Reynolds & Partners, P.C.’s

United States District Court
Northern District of California

11

Motion to Withdraw as Counsel for Defendant Bock Evans Financial Counsel (“Bock

12

Evans”). Docket No. 57. In that Order, the Court granted Bock Evans 30 days – or until

13

March 4, 2016 – to find substitute counsel, or else have its answer stricken and default

14

entered against it. Id. at 4. With that deadline to secure substitute counsel approaching,

15

Bock Evans filed an Administrative Motion for Extension to Secure Counsel on February

16

29, 2016. Docket No. 58. Bock Evans seeks a 60-day extension of the Court’s original

17

deadline for securing replacement counsel. Id. at 2.

18

In its Administrative Motion, Bock Evans explained that it has contacted three

19

prospective law firms since the Court’s Order, but has yet to hear back from any of the

20

three firms, and therefore has yet to secure replacement counsel. Id. Because Bock Evans

21

is actively taking steps to comply with the Court’s order, the Court is willing to grant some

22

extension of the deadline to enable Bock Evans to follow through with these attempts to

23

secure counsel. But the same concerns that motivated the Court’s original 30-day deadline

24

persist, such that Bock Evans’ request for a 60-day extension is unwarranted.

25

Accordingly, Bock Evans’ Administration Motion is hereby GRANTED IN PART.

26

The deadline to secure replacement counsel shall be extended 45 days – or until April 18,

27

2016. Bock Evans therefore has until April 18, 2016 to find substitute counsel. If Bock

28

1

Evans has not filed a substitution of counsel by that date, then its answer will be deemed

2

stricken and default will be entered against it.

3

No further extensions will be entertained by this Court.

4
5

IT IS SO ORDERED.

6
7
8

Dated: 03/01/16

_____________________________________
THELTON E. HENDERSON
United States District Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2