First 100, LLC v. Federal Home Loan Mortgage Corporation et al

Filing 46

ORDER. IT IS ORDERED that 45 Weil & Drage's Motion to Withdraw is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall have until 10/6/17 in which to retain substitute counsel who shall make an appearance in accordance with the requirements of the Local Rules of Practice. Signed by Magistrate Judge Peggy A. Leen on 9/6/17. (Copies have been distributed pursuant to the NEF - cc: First 100, LLC - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FIRST 100, LLC,

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Case No. 2:15-cv-01303-APG-PAL
Plaintiff,

v.

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(Mot WD Atty – ECF No. 45)

FEDERAL HOME LOAN MORTGAGE
CORPORATION, et al.,

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ORDER

Defendants.

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Before the court is Charles Peterson, Jason Martinez, Neil Durrant and John Wendland of

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the law office of Weil and Drage, APC’s (“Weil & Drage”) Motion to Withdraw as Counsel for

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First 100, LLC on Order Shortening Time (ECF No. 45). The motion represents that plaintiff has

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failed to fulfill its contractual obligation for fees incurred by Weil & Drage and as such, continued

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representation is no longer possible. Weil & Drage therefore, seeks leave to withdraw as counsel

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of record.

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A corporation cannot appear except through counsel. See Rowland v. California Men’s

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Colony, 506 U.S. 194, 201–02 (1993); Reading Int'l, Inc. v. Malulani Grp., Ltd., 814 F.3d 1046,

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1053 (9th Cir. 2016). Dismissal of all claims with prejudice is appropriate sanction for a plaintiff

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entity that fails to retain counsel. Multi Denominational Ministry of Cannabis & Rastafari, Inc. v.

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Gonzales, 474 F. Supp. 2d 1133, 1141 (N.D. Cal. 2007), aff'd sub nom. Multi-Denominational

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Ministry of Cannabis & Rastafari, Inc. v. Holder, 365 F. App’x 817 (9th Cir. 2010).

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This case is currently stayed pursuant to an order entered August 17, 2016 by the district
judge. The parties have not moved to lift the stay.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED:

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1.

Weil & Drage’s Motion to Withdraw (ECF No. 45) is GRANTED.
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2.

As a corporation cannot appear except through counsel, the plaintiff shall have until

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October 6, 2017 in which to retain substitute counsel who shall make an

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appearance in accordance with the requirements of the Local Rules of Practice.

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3.

Plaintiff=s failure to timely comply with this order by obtaining substitute counsel

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may result in the imposition of sanctions, which may include a recommendation to

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the District Judge that plaintiff=s complaint be dismissed for failure to prosecute.

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See Fed. R. Civ. P. 41(b).

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4.

The Clerk of the Court shall serve the plaintiff with a copy of this order at its last
known address:

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First 100, LLC
11920 Southern Highland Pkwy., Ste. 200
Las Vegas, NV 89141

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[phone]

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DATED this 6th day of September, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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