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)

Download PDF
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?