Milliner et al v. Bock Evans Financial Counsel, Ltd.
ORDER Terminating 61 Motion to Stay. Signed by Hon. Thelton E. Henderson on 6/27/2016. (tehlc2, COURT STAFF) (Filed on 6/27/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CHARLOTTE B. MILLINER, et al.,
BOCK EVANS FINANCIAL
Case No. 15-cv-01763-TEH
DEFENDANT’S MOTION TO STAY
On February 3, 2016, this Court granted Shustak Reynolds & Partners, P.C.’s
United States District Court
Northern District of California
Motion to Withdraw as Counsel for Defendant Bock Evans Financial Counsel, Ltd. (“Bock
Evans”). Dkt. No. 57. In that Order, the Court granted Bock Evans 30 days – or until
March 4, 2016 – to find substitute counsel, or else have its answer stricken and default
entered against it. Id. at 4. On March 1, 2016, upon motion by Bock Evans, the Court
extended this deadline by 45 days – or until April 18, 2016. Dkt. No. 59.
Instead of meeting this deadline, Bock Evans filed a motion to stay these
proceedings. Dkt. No. 61. This filing is improper because Bock Evans remains
unrepresented, and corporations may not appear in federal court except by counsel. Civ.
L.R. 3-9(b); Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202 (1993). The Court has
already stricken Bock Evans’s answer and entered default against it, Dkt. No. 66, which
Bock Evans was warned (multiple times) would happen if it did not secure counsel by the
(extended) April 18, 2016 deadline. The Court now also terminates Bock Evans’s
improperly filed motion to stay.
IT IS SO ORDERED.
THELTON E. HENDERSON
United States District Judge
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