Arcadia Management Services Co. v. Arcadia Management Group, Inc.

Filing 14

ORDER Regarding Counsel for Defendant; Vacating 13 Order on Stipulation selecting Mediation; Vacating Case Management Conference. Signed by Judge Kandis A. Westmore on April 17, 2013. (kawlc2, COURT STAFF) (Filed on 4/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARCADIA MANAGEMENT SERVICES
CO.,
Plaintiff,

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Northern District of California

United States District Court

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Case No.: 4:13-cv-00458 KAW
ORDER REGARDING COUNSEL FOR
DEFENDANT; VACATING THE COURT'S
PREVIOUS ORDER; AND VACATING
CASE MANAGEMENT CONFERENCE

vs.
ARCADIA MANAGEMENT GROUP, INC.,

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Defendant.

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Plaintiff, a California corporation, is suing Defendant, an Arizona corporation, for
declaratory relief under the Lanham Act. No attorney has appeared on behalf of Defendant.

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Plaintiff, through counsel, and Defendant, through an "agent," have filed several stipulations

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to extend the time for Defendant to answer the complaint. See Dkt # 8, 9, 10. They also filed a

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stipulation selecting an ADR process, which the Court approved on April 10, 2013. See Dkt # 12,

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13.

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Because Defendant is a corporation, it cannot be represented by a non-attorney. See 28

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U.S.C. § 1654; Civil Local Rule 3-9(b) ("A corporation, unincorporated association, partnership or

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other such entity may appear only through a member of the bar of this Court."); D-Beam Ltd. P'ship

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v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) ("It is a longstanding rule that

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corporations and other unincorporated associations must appear in court through an attorney.").

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Accordingly, the stipulations filed by Defendant's "agent" are not effective.

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Accordingly, it is hereby ORDERED that:

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1. Within 30 days of the date of this order, Defendant shall retain counsel, and, through

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counsel, either respond to the complaint or file a stipulation extending the time to respond.
2. The Court's April 10, 2013 order granting the parties' stipulation selecting an ADR
process is vacated.

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3. The case management conference set for April 30, 2013 is vacated.

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Failure to comply with this order may result in a recommendation that default judgment be

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entered against Defendant. See Employee Painters' Trust v. Ethan Enterprises, Inc., 480 F.3d 993,

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998 (9th Cir. 2007) (default may be a permissible sanction for failure to comply with local rules

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requiring representation by counsel).
It is so ORDERED.

Northern District of California

United States District Court

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DATE: April 17, 2013

___________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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