KSA Corporation et al v. Hun et al

Filing 95

DECISION AND ORDER Granting Motion to Withdraw and Setting Status Conference re: 91 Motion to Withdraw. Signed by Chief Judge Ramona V. Manglona on 01/17/2019. (BTC)

FILED

Clerk
District Court
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JAN 17 2019
for the Northern Mariana Islands
By________________________
(Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN MARIANA ISLANDS

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KSA CORPORATION and IL HWAN KIM,

Case No. 1:16-CV-00015

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Plaintiffs,
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v.

DECISION AND ORDER GRANTING
MOTION TO WITHDRAW AND
SETTING STATUS CONFERENCE

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HUN JIN AN, in his personal capacity;
JEONG EUN TAEK, in his personal capacity;
JOANN P. HENSLEY, in her personal
capacity; OSCAR M. BABAUTA, in his
personal capacity; RAMON S. SALAS, in his
personal capacity; and DOES 1-10,
Defendants.

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Before the Court is a motion filed by the Scoggins Law Office to withdraw from its
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representation of Plaintiffs KSA Corporation and Il Hwan Kim. (Motion to Withdraw, Jan. 4, 2019,
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ECF No. 91.) The matter came on for a hearing on January 17, 2019. Mark A. Scoggins and Rene
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C. Holmes appeared for Scoggins Law Firm. Plaintiff Il Hwan Kim, who lives in Seoul, Republic
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of Korea and is the sole shareholder of KSA Corporation, did not appear. The only served
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defendant, Eun Taek Jeong, did not appear.
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Mr. Scoggins informed the Court that on October 30, 2018, he sent Mr. Kim an email
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informing him that because of a conflict of interest, Mr. Kim would have to hire a new Korean
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interpreter. He did not get a response from Mr. Kim until December 21, when Mr. Kim called with
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the assistance of a person who spoke some English. Mr. Scoggins emphasized the need for Mr.
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Kim to hire a professional interpreter. After not hearing back from Mr. Kim, on January 3, 2019,
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Mr. Scoggins notified him that the firm was planning to file a motion to withdraw. Mr. Scoggins

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filed the motion on January 4, 2019, and that same day he emailed a copy to Mr. Kim. On January

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11, Mr. Scoggins emailed him notice of the motion hearing set for January 17. Mr. Kim responded

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that he would be calling the firm the following Monday, January 14. Mr. Scoggins told the Court

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that Mr. Kim did not call that day and still has not called. Not only have communications been

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difficult, but Mr. Kim and KSA Corporation have not met their financial obligations to pay the

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firm for work already performed.

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The Court finds that Mr. Kim and KSA Corporation have failed substantially to fulfill their

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obligations to the Scoggins Law Firm regarding the firm’s services, and have been given

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reasonable warning that the firm planned to withdraw, and that continued representation will result

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in an unreasonable financial burden on the firm. See ABA Model Rule of Professional Conduct

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1.16(b)(5), (6). For these reasons, the Court GRANTS the Scoggins Law Firm’s Motion to

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Withdraw as counsel for Mr. Kim and KSA Corporation. The Clerk is directed to terminate the

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Scoggins Law Firm and attorneys Scoggins and Holmes as counsel for Plaintiffs.

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A status conference will be held on Thursday, January 24, 2019, at 10:00 a.m., at which

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time Mr. Kim is ordered to appear. Telephonic appearance will be permitted. Mr. Kim should

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contact the Clerk’s Office for dial-in instructions. It is Mr. Kim’s responsibility to arrange for an

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interpreter, if needed. Defendant Jeong Eun Taek is not ordered to appear but may do so if he so

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wishes. The Scoggins Law Firm is excused from further appearances in this action.

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It is well settled that “a corporation may appear in the federal courts only through licensed

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counsel.” Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194,

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202 (1993). Although Mr. Kim may appear pro se and represent himself in this matter, he may not

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appear for KSA Corporation. Failure to secure new counsel may lead to dismissal of KSA

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Corporation from this action. See Bourbeau v. Cognitive Code Corp., 693 Fed. Appx. 499, 503

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(9th Cir. 2017); Fed.R.Civ.P. 41(b)(plaintiff’s failure to prosecute or comply with a court order

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may be dismissed on defendant’s motion).

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Scoggins Law Firm is ordered to send a copy of this order to Mr. Kim and KSA Corporation

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by email and by postal mail, and to file a declaration or other proof that they have done so. The

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Firm is also reminded of its obligations to former clients upon termination of representation under

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ABA Model Rule of Professional Conduct 1.16(d).

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IT IS SO ORDERED this 17th day of January, 2019.

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________________________________________
RAMONA V. MANGLONA
Chief Judge