Cadence Design Systems, Inc. v. Pounce Consulting, Inc.
Filing
160
ORDER TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 07/17/2018. (pjhlc2, COURT STAFF) (Filed on 7/17/2018)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
CADENCE DESIGN SYSTEMS, INC.,
9
v.
ORDER TO SHOW CAUSE
10
POUNCE CONSULTING, INC., et al.,
11
United States District Court
Northern District of California
Case No. 17-cv-04732-PJH
Plaintiff,
8
Re: Dkt. No. 153
Defendants.
12
13
On June 15, 2018, the court granted Procopio, Cory, Hargreaves & Savitch LLP’s
14
(“Procopio”) motion to withdraw as counsel for Pounce Consulting, S.A. de C.V. (“Pounce
15
Mexico”). Dkt. 153. That order required Procopio to continue to receive service for
16
Pounce Mexico for 30 days or until Pounce Mexico retained substitute counsel, which
17
Pounce Mexico was required to do within that time period. Id. That deadline has now
18
passed and Pounce Mexico has not filed a notice of substitution of counsel or otherwise
19
notified the court that new counsel has been retained.
20
Under clearly established law, a corporation or other artificial entity cannot appear
21
in federal court unless it is represented by counsel. See Rowland v. California Men’s
22
Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 201-02 (1993) (“It has been the law
23
24
25
26
27
28
for the better part of two centuries . . . that a corporation may appear in the federal courts
only through licensed counsel.”); Bourbeau v. Cognitive Code Corp., 693 F. App'x 499,
503 (9th Cir. 2017) (same; affirming district court’s dismissal based on corporation’s
failure to retain counsel).
Accordingly, the court hereby ORDERS Pounce Mexico to show cause why its
failure to retain counsel should not result in the court entering default against it for a
1
second time. Pounce Mexico is ordered to file a written response to this order within 14
2
days. That response shall be filed by newly retained counsel and shall be accompanied
3
by a notice of substitute counsel.
4
Procopio shall serve this order on Pounce Mexico.
5
IT IS SO ORDERED.
6
7
8
Dated: July 17, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?