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

Filing 67

ORDER Terminating 61 Motion to Stay. Signed by Hon. Thelton E. Henderson on 6/27/2016. (tehlc2, COURT STAFF) (Filed on 6/27/2016)

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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 TERMINATING DEFENDANT’S MOTION TO STAY Defendant. 9 On February 3, 2016, this Court granted Shustak Reynolds & Partners, P.C.’s 11 United States District Court Northern District of California 10 Motion to Withdraw as Counsel for Defendant Bock Evans Financial Counsel, Ltd. (“Bock 12 Evans”). Dkt. 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. On March 1, 2016, upon motion by Bock Evans, the Court 15 extended this deadline by 45 days – or until April 18, 2016. Dkt. No. 59. 16 Instead of meeting this deadline, Bock Evans filed a motion to stay these 17 proceedings. Dkt. No. 61. This filing is improper because Bock Evans remains 18 unrepresented, and corporations may not appear in federal court except by counsel. Civ. 19 L.R. 3-9(b); Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202 (1993). The Court has 20 already stricken Bock Evans’s answer and entered default against it, Dkt. No. 66, which 21 Bock Evans was warned (multiple times) would happen if it did not secure counsel by the 22 (extended) April 18, 2016 deadline. The Court now also terminates Bock Evans’s 23 improperly filed motion to stay. 24 25 IT IS SO ORDERED. 26 27 28 Dated: 06/27/16 _____________________________________ THELTON E. HENDERSON United States District Judge

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