Nationstar Mortgage, LLC v. Copper Sands Homeowners Association, Inc. et al

Filing 44

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 NATIONSTAR MORTGAGE, LLC., 8 9 10 Case No. 2:16-cv-01218-JAD-GWF Plaintiff, v. ORDER COPPER SANDS HOMEOWNERS ASSOCIATION, et al., 11 Defendants. 12 13 This matter is before the Court on Defendant Alessi & Koenig, LLC’s failure to retain new 14 counsel. On July 6, 2018, the Court granted Steven Loizzi, Jr. Esq.’s Motion to Withdraw as 15 Counsel for Defendant Alessi & Koenig, LLC and instructed Defendant to retain new counsel no 16 later than August 3, 2018. See ECF No. 38. On August 22, 2018, the Court issued an Order 17 regarding Defendant’s failure to retain new counsel and instructed Defendant to advise the Court 18 if it will retain new counsel no later than September 3, 2018. See ECF No. 39. On August 23, 19 2018, the Court withdrew its Order (ECF No. 39) because there was no indication in this matter 20 that Defendant’s bankruptcy petition had been dismissed without discharge or that the automatic 21 stay had been lifted. On August 31, 2018, Interested Party Shelley D. Krohn filed a Response 22 informing the Court that the automatic stay in Defendant’s bankruptcy case was terminated for all 23 purposes, with the exception that collection of a judgment obtained against the debtor may only 24 be pursued in the United States Bankruptcy Court for the District of Nevada. See ECF No. 43. 25 Defendant, therefore, must retain new counsel if it intends to litigate this matter. A corporation or 26 limited liability company may appear in federal court only through licensed counsel. U.S. v. High 27 Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993). To date, Defendant has failed to 28 retain new counsel. Accordingly, 1 1 IT IS HEREBY ORDERED that Defendant Alessi & Koenig, LLC shall have until 2 September 14, 2018 to advise the Court if it will retain new local counsel. Failure to comply 3 shall result in the issuance of an order to show cause why sanctions should not be imposed. 4 Dated this 5th day of September, 2018. 5 6 7 8 GEORGE FOLEY, JR. UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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