Federal Solutions Group, Inc. a California corporation v. H2L1-CSC, JV

Filing 83

ORDER DISCHARGING ORDER TO SHOW CAUSE AND SETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 2/11/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Case Management Statement due by 2/4/2020. Signed by Judge Kandis A. Westmore on 1/15/2020. (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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FEDERAL SOLUTIONS GROUP, INC.,
Plaintiff,

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United States District Court
Northern District of California

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v.
H2L1-CSC, JV,

Case No. 4:17-cv-05433-KAW
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND SETTING CASE
MANAGEMENT CONFERENCE
Re: Dkt. Nos. 81, 82

Defendant.

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On October 4, 2019, the Court granted Plaintiff Federal Solutions Group, Inc.’s (“FSG”)

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counsel’s motion to withdraw as counsel, and gave Plaintiff 45 days to find substitute counsel,

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because corporations cannot appear in federal court except by counsel. (Dkt. No. 74 at 2.) Plaintiff

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was advised “that the failure to obtain new counsel or comply with Court orders may result in this

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case being dismissed for failure to prosecute.” Id. Former counsel filed a certificate of service on

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October 4, 2019, stating that FSG’s sole shareholder, Selina Singh, and key personnel, Manjinder

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Paul Singh and Kabir Singh, were served with a copy of the order. (Dkt. No. 75.) Plaintiff did not

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timely file a notice of substitution of counsel.

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On December 3, 2019, the Court held a case management conference, where Plaintiff did

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not appear. On December 10, 2019, the Court issued an order to show cause to Plaintiff to explain

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why it did not file a substitution of counsel by November 18, 2019 as ordered, and why the first

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amended complaint should not be dismissed for failure to prosecute and its answer to the amended

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counterclaim stricken. (Dkt. No. 81.)

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On December 30, 2019, attorney Mia S. Blackler filed a notice of appearance, and

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informed the Court that she represented Kevin Singer, who was the appointed Receiver for FSG.

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(Dkt. No. 82 at 1.) In fact, Mr. Singer had been appointed on July 11, 2019 by the Hon. David

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Goldstein of the Contra Costa County Superior Court. (Id.; Decl. of Mia S. Blackler, “Blackler

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Decl.,” Dkt. No. 82 at 3 ¶ 1; Court Order, Blackler Decl. ¶ 1, Ex. A.) Ms. Blackler explained that

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the Receiver had not been informed of this case until Kabir Singh’s criminal attorney sent her an

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email containing the Court’s order to show cause and related pleadings on December 11, 2019.

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(Blackler Decl. ¶ 2, Ex. B.)

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Since receiving the information, Ms. Blackler has been in contact with defense counsel

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Matthew Brinegar, and is hopeful that the case will resolve by the end of January. (Blackler Decl.

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¶ 4.) As a result, the Receiver is requesting that the Court discharge the order to show cause and

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schedule a status conference within 45 to 60 days. (Dkt. No. 2 at 2.)
Accordingly, the order to show cause is DISCHARGED. Given the imminent trial date of

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United States District Court
Northern District of California

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March 16, 2020, the Court sets a case management conference for February 11, 2020 at 1:30 p.m.

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in Courtroom 4, 1301 Clay Street, Oakland, California. The joint case management statement is

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due on or before February 4, 2020.

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

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