Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 83

ORDER. IT IS HEREBY ORDERED that Defendant Alessi & Koenig, LLC shall have until 9/14/18 to advise the Court if it will retain new local counsel. Signed by Magistrate Judge George Foley, Jr on 9/5/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WELLS FARGO BANK, N.A.,

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Case No. 2:15-cv-00748-APG-GWF
Plaintiff,

v.

ORDER

SFR INVESTMENTS POOL 1, LLC, et al.,
Defendants.

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This matter is before the Court on Defendant Alessi & Koenig, LLC’s failure to retain new

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counsel. On July 6, 2018, the Court granted Steven Loizzi, Jr. Esq.’s Motion to Withdraw as

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Counsel for Defendant Alessi & Koenig, LLC and instructed Defendant to retain new counsel no

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later than August 3, 2018. See ECF No. 79. On August 22, 2018, the Court issued an Order

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regarding Defendant’s failure to retain new counsel and instructed Defendant to advise the Court

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if it will retain new counsel no later than September 3, 2018. See ECF No. 80. On August 22,

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2018, the Court withdrew its Order (ECF No. 80) because there was no indication in this matter

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that Defendant’s bankruptcy petition had been dismissed without discharge or that the automatic

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stay had been lifted. On August 31, 2018, Interested Party Shelley D. Krohn filed a Response

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informing the Court that the automatic stay in Defendant’s bankruptcy case was terminated for all

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purposes, with the exception that collection of a judgment obtained against the debtor may only

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be pursued in the United States Bankruptcy Court for the District of Nevada. See ECF No. 82.

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Defendant, therefore, must retain new counsel if it intends to litigate this matter. A corporation or

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

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Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993). To date, Defendant has failed to

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retain new counsel. Accordingly,

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IT IS HEREBY ORDERED that Defendant Alessi & Koenig, LLC shall have until

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September 14, 2018 to advise the Court if it will retain new local counsel. Failure to comply

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shall result in the issuance of an order to show cause why sanctions should not be imposed.

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Dated this 5th day of September, 2018.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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