Nationstar Mortgage, LLC v. Copper Sands Homeowners Association, Inc. et al
Filing
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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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NATIONSTAR MORTGAGE, LLC.,
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Case No. 2:16-cv-01218-JAD-GWF
Plaintiff,
v.
ORDER
COPPER SANDS HOMEOWNERS
ASSOCIATION, et al.,
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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. 38. 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. 39. On August 23,
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2018, the Court withdrew its Order (ECF No. 39) 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. 43.
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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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