TMCO LTD. v. Green Light Energy Solutions R&D Corp.

Filing 45

ORDER by Judge Kandis A. Westmore denying without prejudice 44 Request for Approval of Substitution or Withdrawal as Counsel. (kawlc1, COURT STAFF) (Filed on 1/15/2020)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TMCO LTD., Case No. 4:17-cv-00997-KAW Plaintiff, 8 v. 9 10 GREEN LIGHT ENERGY SOLUTIONS R&D CORP., 11 ORDER DENYING REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL AS COUNSEL Re: Dkt. No. 44 United States District Court Northern District of California Defendant. 12 On January 13, 2020, defense counsel Svetlana V. Kamyshanskaya filed a request for 13 14 approval of substitution or withdrawal as counsel for Defendant Green Light Energy Solutions 15 R&D Corp. (Mot., Dkt. No. 44.) Defendant has not obtained new counsel, but representative Alex 16 Feerer consented to the withdrawal and stated that he would personally appear on behalf of the 17 corporation. Corporations, however, are unable appear in federal court except by counsel, and Mr. 18 Feerer is not licensed to practice law in California. See Rowland v. Cal. Men's Colony, 506 U.S. 19 194, 201-02 (1993). Currently, there is a pending motion for leave to amend the judgment to add alter ego 20 21 defendants, including Mr. Feerer. (Dkt. No. 38.) Also, on January 10, 2020, the Court issued an 22 order to show cause, which ordered Defendant and/or the non-parties to file an opposition to the 23 pending motion and explain why the opposition was not timely filed by January 27, 2020. (Dkt. 24 No. 41 at 1.) The failure to respond will result in the pending motion being granted as unopposed, 25 and Mr. Feerer being personally encumbered. The hearing on the motion to alter judgment is 26 scheduled for February 20, 2020. Id. at 2. 27 // 28 // 1 Accordingly, Ms. Kamyshanskaya’s motion to withdraw is DENIED without prejudice on 2 the grounds that the “withdrawal would work an injustice or cause undue delay in the proceeding.” 3 Gong v. City of Alameda, No. C 03-05495 TEH, 2008 WL 160964, at *1 (N.D. Cal. Jan. 8, 2008). 4 5 IT IS SO ORDERED. Dated: January 15, 2020 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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