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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 ARCADIA MANAGEMENT SERVICES CO., Plaintiff, 10 11 Northern District of California United States District Court 12 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., 13 Defendant. 14 15 16 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. 17 Plaintiff, through counsel, and Defendant, through an "agent," have filed several stipulations 18 to extend the time for Defendant to answer the complaint. See Dkt # 8, 9, 10. They also filed a 19 stipulation selecting an ADR process, which the Court approved on April 10, 2013. See Dkt # 12, 20 13. 21 Because Defendant is a corporation, it cannot be represented by a non-attorney. See 28 22 U.S.C. ยง 1654; Civil Local Rule 3-9(b) ("A corporation, unincorporated association, partnership or 23 other such entity may appear only through a member of the bar of this Court."); D-Beam Ltd. P'ship 24 v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) ("It is a longstanding rule that 25 corporations and other unincorporated associations must appear in court through an attorney."). 26 Accordingly, the stipulations filed by Defendant's "agent" are not effective. 27 28 1 Accordingly, it is hereby ORDERED that: 2 1. Within 30 days of the date of this order, Defendant shall retain counsel, and, through 3 4 5 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. 6 3. The case management conference set for April 30, 2013 is vacated. 7 Failure to comply with this order may result in a recommendation that default judgment be 8 entered against Defendant. See Employee Painters' Trust v. Ethan Enterprises, Inc., 480 F.3d 993, 9 998 (9th Cir. 2007) (default may be a permissible sanction for failure to comply with local rules 10 11 requiring representation by counsel). It is so ORDERED. Northern District of California United States District Court 12 13 DATE: April 17, 2013 ___________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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