Trustees of the Operating Engineers Pension Trust et al v. Maui One Excavating, Inc. et al

Filing 32

ORDER that a Motion Hearing is set for 3/11/2013 at 09:30 AM in LV Courtroom 3A before Magistrate Judge Nancy J. Koppe re 20 MOTION to Withdraw as Attorney by Gary G. Branton. Defendants Maui One Excavating, Inc., Paitaka Miyahira and Tasey Miyahi ra are hereby ordered to attend the hearing. Any new counsel retained to represent Defendants in this matter is also ordered to attend. THERE WILL BE NO EXCEPTIONS TO THESE APPEARANCE REQUIREMENTS. No later than February 28, 2013, Mr. Branton shall n otify Defendants of this order that they appear and shall file a proof of service. With respect to Defendant Maui One Excavating, Inc., the Court wishes to highlight that it must retain counsel expeditiously as corporations may appear in federal court only through licensed counsel. Signed by Magistrate Judge Nancy J. Koppe on 2/26/13. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 TRUSTEES OF THE OPERATING ENGINEERS ) PENSION TRUST, et al., ) ) Plaintiffs, ) ) vs. ) ) MAUI ONE EXCAVATING, INC., et al., ) ) Defendants. ) ) Case No. 2:12-cv-00338-KJD-NJK ORDER SETTING THIRD HEARING ON MOTION TO WITHDRAW AS ATTORNEY (Docket No. 20) This Court has previously scheduled two hearings on Gary Branton’s motion to withdraw as 14 Defendants’ counsel. Because Mr. Branton and/or Defendants failed to appear at those previous 15 hearings, the Court SCHEDULES the pending motion for a third hearing on March 11, 2013 at 9:30 16 a.m. in Courtroom 3A. Defendants Maui One Excavating, Inc., Paitaka Miyahira and Tasey 17 Miyahira are hereby ordered to attend the hearing. Any new counsel retained to represent 18 Defendants in this matter is also ordered to attend. THERE WILL BE NO EXCEPTIONS TO 19 THESE APPEARANCE REQUIREMENTS. No later than February 28, 2013, Mr. Branton shall 20 notify Defendants of this order that they appear and shall file a proof of service. With respect to 21 Defendant Maui One Excavating, Inc., the Court wishes to highlight that it must retain counsel 22 expeditiously as corporations may appear in federal court only through licensed counsel. United 23 States v. High Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993). 24 IT IS SO ORDERED. 25 DATED: February 26, 2013. 26 27 28 ______________________________________ NANCY J. KOPPE United States Magistrate Judge

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