Golden Gate Way, LLC v. Stewart et al

Filing 233

ORDER FOR DEFENDANT LEONARD A. GROSS PROFESSIONAL CORPORATION TO RETAIN COUNSEL NO LATER THAN DECEMBER 30, 2011 AND RESETTING HEARING AND BRIEFING SCHEDULE ON PLAINTIFFS DISCOVERY MOTIONS 192 194 . Hearing set for 2/2/2012 10:30 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 12/07/2011. (dmrlc1, COURT STAFF) (Filed on 12/7/2011)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

11
For the Northern District of California

United States District Court

10
GOLDEN GATE WAY, LLC,

12
13
14
15

Plaintiff,
v.
STEWART ET AL,
Defendants.

No. C-09-04458 DMR
ORDER FOR DEFENDANT LEONARD
A. GROSS PROFESSIONAL
CORPORATION TO RETAIN
COUNSEL NO LATER THAN
DECEMBER 30, 2011 AND RESETTING
HEARING AND BRIEFING SCHEDULE
ON PLAINTIFF’S DISCOVERY
MOTIONS

16
___________________________________/
17
18

On January 26, 2011, the court issued an order permitting the withdrawal of Andrew Lloyd

19

of the Lloyd Law Group and substitution of Leonard A. Gross, Esq. as counsel for Defendants

20

Leonard A. Gross and Leonard A. Gross Professional Corporation. [Docket No. 149.] It has since

21

come to the court’s attention that Leonard A. Gross’ status as an attorney with the California Bar is

22

no longer active. In order to practice as an attorney in this Court, a lawyer must be in good standing

23

with the State Bar of California. See Civil L.R. 11-1(b).

24

A corporation, unincorporated association, partnership or other such entity may appear only

25

through a member of a bar of this court. Civil L.R. 3-9(b); Rowland v. California Men’s Colony,

26

506 U.S. 194, 201-02 (1993) (“It has been the law for the better part of two centuries, for example,

27

that a corporation may appear in the federal courts only through licensed counsel.”). A corporate

28

defendant that fails to appear in court through licensed counsel is in default, and the plaintiff is

1

entitled to entry of default against it. United States v. High Country Broadcasting Co., 3 F.3d 1244,

2

1245 (9th Cir. 1993).

3

Accordingly, the court hereby ORDERS Defendant Leonard A. Gross Professional

4

Corporation to retain counsel no later than December 30, 2011. The court notes that if Defendant

5

Leonard A. Gross Professional Corporation fails to retain counsel, its Answer may be stricken and

6

default entered against it.

7

It is FURTHER ORDERED that Plaintiff Golden Gate Way, LLC’s Motion to Compel

8

Responses to Discovery From Defendants Leonard A. Gross and Leonard A. Gross Professional

9

Corporation (Docket No. 192) and Motion for Sanctions Related to Discovery Abuses by
Defendants Leonard A. Gross and Leonard A. Gross Professional Corporation (Docket No. 194)

11

(“discovery motions”) are re-set for hearing on February 2, 2012 at 10:30 a.m. at the U.S. District

12

Court, 1301 Clay Street, Oakland, California 94612. For courtroom number and floor information,

13

please check the court’s on-line calendar at http://www.cand.uscourts.gov (click “Calendars” link on

14

left side, click link to Judge Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy Garcia, at

15

[phone], one week prior to the scheduled hearing.

16

The deadline for filing oppositions to the discovery motions has long since passed.

17

However, in light of medical conditions that Mr. Gross has brought to the court’s attention (see, e.g.,

18

Docket Nos. 200 and 207), the court finds that it is appropriate to grant Defendants Leonard A.

19

Gross and Leonard A. Gross Professional Corporation leave to file late opposition briefs to these

20

motions. Any oppositions to the motions shall by filed by no later than January 13, 2012. Any

21

replies shall be filed by January 20, 2012.

25

I

Dated: December 7, 2011

. Ryu

nna M
ud RYUo
JM. ge D
DONNA

27

United States Magistrate Judge

NO

26

RT

28

2

A

H

ER

R NIA

24

ERED

ORD
T IS SO

FO

S
IT IS SO ORDERED.

LI

23

S DISTRICT
TE
C
TA

RT
U
O

22

UNIT
ED

For the Northern District of California

United States District Court

10

N

F
D IS T IC T O
R

C