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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLOTTE B. MILLINER, et al.,

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Plaintiffs,

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v.
BOCK EVANS FINANCIAL
COUNSEL, LTD.,

Case No. 15-cv-01763-TEH
ORDER TERMINATING
DEFENDANT’S MOTION TO STAY

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

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United States District Court
Northern District of California

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

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

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

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entered against it. Id. at 4. On March 1, 2016, upon motion by Bock Evans, the Court

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extended this deadline by 45 days – or until April 18, 2016. Dkt. No. 59.

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Instead of meeting this deadline, Bock Evans filed a motion to stay these

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proceedings. Dkt. No. 61. This filing is improper because Bock Evans remains

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unrepresented, and corporations may not appear in federal court except by counsel. Civ.

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L.R. 3-9(b); Rowland v. Cal. Men’s Colony, 506 U.S. 194, 202 (1993). The Court has

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already stricken Bock Evans’s answer and entered default against it, Dkt. No. 66, which

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Bock Evans was warned (multiple times) would happen if it did not secure counsel by the

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(extended) April 18, 2016 deadline. The Court now also terminates Bock Evans’s

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improperly filed motion to stay.

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IT IS SO ORDERED.

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Dated: 06/27/16

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THELTON E. HENDERSON
United States District Judge