Kuman Banque, LLC v. Baylor et al

Filing 147

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE AND TERMINATING PENDING MOTIONS AS MOOT. Signed by Judge Claudia Wilken on 6/3/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 6/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KUMAN BANQUE, LLC,

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United States District Court
For the Northern District of California

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No. C 11-4472 CW

Plaintiff,
v.
BRYNEE K. BAYLOR; BAYLOR &
JACKSON, PLLC; THE MILAN GROUP,
INC.; SUSAN KEVRA-SHINER, as
Executrix for the estate of Frank
Lorenzo Pavlico III; GPH
HOLDINGS, LLC; PATRICK LEWIS;
BRETT A. COOPER; DAWN R. JACKSON;
SUSAN C. KEVRA; MIA C.
BALDASSARI; ELMO BALDASSARI; THE
LAW OFFICE OF SUSAN C. KEVRA; and
DOES 1-50,

ORDER DISMISSING
CASE FOR FAILURE
TO PROSECUTE AND
TERMINATING
PENDING MOTIONS AS
MOOT

Defendants.
________________________________/
On May 17, 2013, the Court granted attorney Steven J.

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Hassing’s motion to withdraw as counsel for Plaintiff Kuman
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Banque, LLC.

Docket No. 144.

The Court noted in the order that,

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because Plaintiff is an LLC, it cannot represent itself in this
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matter and, if it wishes to prosecute this case, it must locate
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new counsel to represent it.

The Court permitted Plaintiff

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fourteen days to locate new counsel and have that counsel make an
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appearance in the case.

Plaintiff was warned that, if it did not

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find counsel to represent it and to make an appearance within the
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time permitted, the Court would dismiss its case based on its
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failure to prosecute.1
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On April 8, 2013, the Court cautioned Plaintiff that it
would need to locate new counsel if the motion to withdraw were
granted and warned Plaintiff of the consequences if it failed to
do so. Docket No. 137.

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As of the date of this Order, no new attorney has entered an

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appearance on behalf of Plaintiff.

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additional time to locate new counsel.

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dismisses this case in its entirety for failure to prosecute.

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Plaintiff also has not sought
Accordingly, the Court

Because this case is dismissed, Defendants Dawn Jackson and

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Mia Baldassari’s motions to set aside entry of default and

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Jackson’s motion to quash service and dismiss are terminated as

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moot.

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Docket Nos. 110, 127, 129 and 135.2
IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 6/3/2013

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CLAUDIA WILKEN
United States District Judge

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Because several of the pro se Defendants appear to believe
that default judgment has been entered against them in this case,
the Court clarifies that no such judgment has been issued.
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