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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TMCO LTD.,

Case No. 4:17-cv-00997-KAW
Plaintiff,

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v.

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GREEN LIGHT ENERGY SOLUTIONS
R&D CORP.,

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ORDER DENYING REQUEST FOR
APPROVAL OF SUBSTITUTION OR
WITHDRAWAL AS COUNSEL
Re: Dkt. No. 44

United States District Court
Northern District of California

Defendant.
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On January 13, 2020, defense counsel Svetlana V. Kamyshanskaya filed a request for

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approval of substitution or withdrawal as counsel for Defendant Green Light Energy Solutions

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R&D Corp. (Mot., Dkt. No. 44.) Defendant has not obtained new counsel, but representative Alex

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Feerer consented to the withdrawal and stated that he would personally appear on behalf of the

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corporation. Corporations, however, are unable appear in federal court except by counsel, and Mr.

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Feerer is not licensed to practice law in California. See Rowland v. Cal. Men's Colony, 506 U.S.

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194, 201-02 (1993).
Currently, there is a pending motion for leave to amend the judgment to add alter ego

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defendants, including Mr. Feerer. (Dkt. No. 38.) Also, on January 10, 2020, the Court issued an

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order to show cause, which ordered Defendant and/or the non-parties to file an opposition to the

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pending motion and explain why the opposition was not timely filed by January 27, 2020. (Dkt.

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No. 41 at 1.) The failure to respond will result in the pending motion being granted as unopposed,

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and Mr. Feerer being personally encumbered. The hearing on the motion to alter judgment is

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scheduled for February 20, 2020. Id. at 2.

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Accordingly, Ms. Kamyshanskaya’s motion to withdraw is DENIED without prejudice on

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the grounds that the “withdrawal would work an injustice or cause undue delay in the proceeding.”

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Gong v. City of Alameda, No. C 03-05495 TEH, 2008 WL 160964, at *1 (N.D. Cal. Jan. 8, 2008).

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IT IS SO ORDERED.
Dated: January 15, 2020
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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