Perez-Zarate v. Bravo Pro Maintenance, Inc. et al

Filing 32

ORDER Granting 29 the Moran Law Firm's Motion to Withdraw as Attorney for defendants. Defendants shall have until 6/28/10 to retain new counsel or file a memoranda explaining why they have not retained counsel. IT IS FURTHER ORDERED that all proceedings in this case shall be STAYED until 6/28/10. IT IS FURTHER ORDERED that 28 Stipulation to Extend Discovery Deadlines will be modified and approved as follows: Discovery due by 10/8/2010. Motions due by 11/9/2010. Proposed Join t Pretrial Order due by 12/10/2010. IT IS FURTHER ORDERED that the Moran Law Firm shall provide each defendant with a copy of this order. Signed by Magistrate Judge Lawrence R. Leavitt on 5/13/10. (Copies have been distributed pursuant to the NEF - EDS)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. BRAVO PRO MAINTENANCE, INC., et al., Defendants. ROSENDO PEREZ-ZARATE, Plaintiff, UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) )

2:09-cv-01567-RLH-LRL ORDER

Before the court is the Moran Law Firm's Motion to Withdraw as Counsel (#29) for all defendants in this case. The motion was filed on May 10, 2010. The Moran Law Firm represents that the defendants consent to the granting of the motion. Accordingly, IT IS ORDERED that the Motion to Withdraw as Counsel (#29) is granted. The defendants are advised that a corporation may appear in federal court only through licensed counsel. Rowland v. California Men's Colony, 506 U.S. 194, 202 (1993). Default against a corporation, such as Bravo Pro Maintenance, Inc., is a permissible sanction for its failure to comply with the requirement that it be represented by counsel. United States v. High Country Broadcasting Co., 3 F.3d 1244, 1245 (9th Cir. 1993). See also Employee Painters' Trust v. Ethan Enterprises, Inc., 480 F.3d 993, 998 (9th Cir. 2007). The individual defendants may, if they choose, represent themselves. None of them, however, may represent the corporation. Only a licensed attorney may represent the corporation. The court will give the defendants a reasonable amount of time to seek new counsel. IT IS THEREFORE FURTHER ORDERED that the defendants shall have until June 28, 2010 to retain new counsel. Not later than June 28, 2010, either new counsel shall file notices of appearance,

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or the defendants shall file memoranda explaining why they have not retained new counsel. IT IS FURTHER ORDERED that all proceedings in this case shall be stayed until June 28, 2010. *** On April 29, 2010, the parties filed a proposed stipulation to extend the discovery and related deadlines (#28). In view of the withdrawal of defendants' counsel and the temporary stay of these proceedings, the stipulation will be modified and approved to the extent that the deadlines in effect when the stay is lifted will be as follows: Discovery Amended pleadings, etc. Expert designations Rebuttal expert designations Dispositive motions Joint Pretrial Order October 8, 2010 July 9, 2010 August 9, 2010 September 8, 2010 November 9, 2010 December 10, 2010

IT IS FURTHER ORDERED that the Moran Law Firm shall forthwith provide each defendant with a copy of this order. DATED this 13th day of May, 2010.

LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE

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