Steelman Partners LLP v. Sanya Gaosheng Investment Company Ltd.

Filing 53

ORDERED that 48 MOTION to Withdraw as Attorney by Lewis and Roca LLP is granted. Counsel is instructed to serve a copy of this Order on Defendant Sanya Gaosheng Investment Company, Ltd. FURTHER ORDERED that Defendant Sanya Gaosheng Investment Comp any, Ltd. must retain new counsel if it intends to continue to litigate this matter. Defendant must file a notice with the Court on or before 7/26/11, informing the Court whether it has retained new counsel or intends to retain new counsel. FURTHER O RDERED that, assuming Defendant Sanya Gaosheng Investment Company, Ltd. retains new counsel, the parties shall contact the Court by 8/1/11 to schedule a status conference to address the scheduling order in this matter. Signed by Magistrate Judge George Foley, Jr on 7/11/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEELMAN PARTNERS, a Nevada limited
liability partnership,

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Plaintiff,
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vs.
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SANYA GAOSHENG INVESTMENT
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COMPANY, LTD., a Hong Kong corporation,
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Defendants.
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__________________________________________)

Case No. 2:09-cv-01016-ECR-GWF

ORDER

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This matter is before the Court on Defendant’s counsel Lewis and Roca’s Motion to

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Withdraw (#48), filed June 16, 2011, and Plaintiff Steelman Partners Response (#50), filed June

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30, 2011.

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Pursuant to LR IA 10-6(b), “[n]o attorney may withdraw after appearing in a case except by

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leave of court after notice served on the affected client and opposing counsel.” Absent good cause,

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withdrawal “shall not be approved” if it will result in delay. It appears that defense counsel has

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served the affected client and opposing counsel with a copy of this motion. It does not appear that

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withdrawal will result in delay. Plaintiff’s counsel does not oppose the motion. Based on the

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foregoing, the Court finds that Defendant’s counsel has established good cause for the withdrawal.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant’s counsel Lewis and Roca’s Motion to

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Withdraw (#48) is granted. Counsel is instructed to serve a copy of this Order on Defendant

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Sanya Gaosheng Investment Company, Ltd.

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...

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IT IS FURTHER ORDERED that Defendant Sanya Gaosheng Investment Company, Ltd.

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must retain new counsel if it intends to continue to litigate this matter. A corporation or limited

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liability company may appear in federal court only through licensed counsel. U.S. v. High Country

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Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993). Defendant must file a notice with the Court on

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or before July 26, 2011, informing the Court whether it has retained new counsel or intends to

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retain new counsel. Failure to do so will result in the Court issuing an order to show cause why

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Defendant’s answer should not be stricken and default entered.

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IT IS FURTHER ORDERED that, assuming Defendant Sanya Gaosheng Investment
Company, Ltd. retains new counsel, the parties shall contact the Court by August 1, 2011, to
schedule a status conference to address the scheduling order in this matter.
Dated this 11th of July, 2011.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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