Advance Tuner Warehouse, Inc. v. U.S. Technology Product SDN BHD

Filing 17

ORDER Granting #16 Motion to Withdraw Attorneys Merritt R. Blakeslee and Robert W. Hernquist as counsel for Plaintiff. Plaintiff has until 12/9/2016 to retain substitute counsel who shall make an appearance. The Clerk of the Court shall serve the Plaintiff with a copy of this Order at its last known address (see Order for address). Signed by Magistrate Judge Peggy A. Leen on 11/9/2016. (Copies have been distributed pursuant to the NEF - Order mailed to Plaintiff; Plaintiff's address added to system - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ADVANCE TUNER WAREHOUSE, INC.,

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v.

Case No. 2:15-cv-02109-GMN-PAL

Plaintiff,

ORDER
(Mot. WD – ECF No. 16)

U.S. TECHNOLOGY PRODUCT SDN BHD,
Defendant.

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This matter is before the court on Attorneys Merritt Blakeslee and Robert W. Hernquist’s

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Motion to Withdraw as Counsel of Record for Advance Tuner Warehouse, Inc., d/b/a NRG

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Innovations (ECF No. 16). The motion represents that counsel was requested by Plaintiff to

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relinquish control of this case to its new counsel, Mr. Lawrence P. House. However, Mr. House

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has refused to sign a substitution of attorneys. Additionally, counsel represents that the Plaintiff

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has not met its financial obligations to pay for legal services provided. Plaintiff’s counsel,

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therefore, filed this motion to withdraw as counsel 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); United States v. High Broadcasting Co., Inc., 3 F.3d 1244,

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1245 (9th Cir. 1993). Plaintiff must therefore hire a new attorney in this case.

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The complaint in this case was filed November 4, 2015, and summons was returned

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executed on November 5, 2015. An Amended Complaint (ECF No 14) was filed January 14, 2016

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and a certificate of service was filed January 15, 2016. However, no answer or responsive pleading

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has been filed, and the parties have not applied for an extension of the deadlines to answer or

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respond. This case is now more than a year old and Plaintiff has not done anything to prosecute it

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that is reflected on the court’s docket. The parties have not received an order extending the time

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for the Defendant to appear, and the case is languishing on the court’s docket. Without counsel for

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the corporate plaintiff, this case may not proceed.

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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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Plaintiff Advance Tuner Warehouse, Inc. (ECF No. 16) is GRANTED.

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Merritt Blakeslee and Robert W. Hernquist’s Motion to Withdraw as Counsel for

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The plaintiff shall have until December 9, 2016, in which to retain substitute

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counsel who shall make an appearance in accordance with the requirements of the

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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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who appears in compliance with the Local Rules of Practice will result in the

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imposition of sanctions, which may include a recommendation to the District Judge

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of case dispositive sanctions for failure to prosecute.

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

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known address:

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Advance Tuner Warehouse, Inc.
13668 Valley Blvd., Unit F-1
City of Industry, CA 91746

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DATED this 9th day of November, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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