Johnson v. GTD Ventures, LLC et al

Filing 48

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 10/13/2022 10:00 AM. Show Cause Response due by 9/29/2022. Sidran is reminded of its duty to file proof of service within three business days. Signed by Judge Thomas S. Hixson on 9/16/2022. (tshlc1, COURT STAFF) (Filed on 9/16/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 21-cv-07525-TSH
ORDER TO SHOW CAUSE

v.
GTD VENTURES, LLC, et al.,
Defendants.

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On June 29, 2022, the Court granted David Sidran’s motion to withdraw as counsel for

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Defendant Visible Vibrations. ECF No. 36. As Visible is a corporation and can only appear

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through licensed counsel, the Court directed Visible to file substitution of counsel by July 29,

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2022. Id.; see also Civ. L.R. 3-9(b); Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory

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Council, 506 U.S. 194, 202 (1993) (“It has been the law for the better part of two centuries . . . that

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a corporation may appear in the federal courts only through licensed counsel.”) (citations omitted);

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Bourbeau v. Cognitive Code Corp., 693 F. App’x 499, 503 (9th Cir. 2017) (affirming district

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court’s dismissal based on corporation’s failure to retain counsel). The Court warned Visible that

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failure to retain substitute counsel could result in the entry of default judgment. ECF No. 46; see

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also Emp. Painters’ Trust v. Ethan Enters., Inc., 480 F.3d 993, 998 (9th Cir. 2007) (affirming

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entry of default judgment where corporate defendant failed to obtain substitute counsel); United

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States v. High Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) (same).

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As it has made no subsequent appearance in this case, the Court ORDERS Defendant

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Visible Vibrations to show cause why default should not be entered against it. Visible shall file a

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declaration in response by September 29, 2022. If Visible files a response, the Court shall either

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issue an order based on the declaration or conduct a hearing on October 13, 2022 at 10:00 a.m. by

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Zoom video conference. The webinar link and instructions are located at

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https://cand.uscourts.gov/judges/hixson-thomas-s-tsh/.

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Sidran is reminded of its duty to file proof of service within three business days.

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IT IS SO ORDERED.

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Dated: September 16, 2022

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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