Cellect LLC v. HTC America, Inc.

Filing 35

ORDER Discharging 30 Order to Show Cause. By Magistrate Judge Kristen L. Mix on 04/11/2014. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02604-CMA-KLM
CELLECT LLC, a Colorado limited liability company,
Plaintiff,
v.
HTC AMERICA, INC., a Washington corporation,
Defendant.
_____________________________________________________________________
ORDER DISCHARGING ORDER TO SHOW CAUSE
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Order to Show Cause [#30] issued on March
27, 2014. On February 21, 2014, Plaintiff’s former counsel sought to withdraw from
representing Plaintiff, explaining that a potential conflict of interest had arisen between
Plaintiff and its attorneys and that Plaintiff had asked its attorneys to withdraw. Motion to
Withdraw Appearance [#26] at 1. The Court granted this request on February 24, 2014.
Minute Order [#28]. The Court warned Plaintiff, which is a Colorado limited liability
company, that a corporation, partnership, or other legal entity “may not appear without
counsel admitted to the bar of this court . . . .” Id. (quoting D.C.COLO.LAttyR 6). The Court
therefore ordered Plaintiff to obtain new counsel and have counsel enter an appearance
no later than March 18, 2014. Minute Order [#28]. The Court warned Plaintiff that “absent
prompt appearance of substitute counsel, pleadings and papers may be stricken, and
default judgment or other sanctions may be imposed against the entity.” Id. (quoting
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D.C.COLO.LAttyR 6).

Prior to the Order to Show Cause [#30], Plaintiff’s non-legal

representative had not contacted the Court for any purpose and new counsel had not timely
entered an appearance on Plaintiff’s behalf. Accordingly, the Court issued the Order to
Show Cause requiring Plaintiff to show cause why this Court should not recommend that
this case be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and failure
to comply with a Court Order [#28]. On April 11, 2014, Plaintiff’s new counsel entered an
appearance [#31] and filed a Response [#32] to the Order to Show Cause. Based on the
Response,
IT IS HEREBY ORDERED that the Order to Show Cause [#30] issued on March 27,
2014 is DISCHARGED.

Dated: April 11, 2014

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