Aetna Inc. v. All Market Products & Services, LLC, et. al.,

Filing 43

ORDER Granting 39 Second Motion to Withdraw Attorneys Eric J. Menhart and Whitney C Wilcher as to Defendants All Market Product & Services, LLC, Dental Club America, LLC, Ryan Ousdahl, and Andrew D. Ross. Defendants have until 12/28/2016 to retain substitute counsel who shall make an appearance. The Clerk of the Court shall serve the Defendants with a copy of this Order (see Order for addresses). Signed by Magistrate Judge Peggy A. Leen on 11/28/2016. (Copies have been distributed pursuant to the NEF - Order mailed to Defendants - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AETNA, INC.,

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v.

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Case No. 2:16-cv-01819-JAD-PAL
Plaintiff,

ORDER
(2nd Mot WD - ECF No. 39)

ALL MARKET PRODUCTS & SERVICES,
LLC, et al.,
Defendants.

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Before the court is counsel for Defendants (1) All Market Product & Services, LLC; (2)

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Dental Club America, LLC; (3) Ryan Ousdahl; and (4) Andrew D. Ross’ Second Unopposed

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Motion to Withdraw as Attorneys of Record (ECF No. 39). The motion indicates that notice was

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given to the clients and the file turned over to them on November 1, 2016 and that “withdrawal

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was effective on November 1, 2016.” Additionally, all fees were refunded although substantial

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work was performed and fees were earned. The supporting declaration of counsel indicates that

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opposing counsel was advised and has no opposition to withdrawal.

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LR IA 11-6(b) states that “[n]o attorney may withdraw after appearing in a case except by

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leave of court after notice has been served on the affected client and opposing counsel.”

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Furthermore, a corporation cannot appear except through counsel. See Rowland v. California

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Men’s Colony, 506 U.S. 194, 201-02 (1993); United States v. High Broadcasting Co., Inc., 3 F.3d

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1244, 1245 (9th Cir. 1993). The Ninth Circuit has held that default judgment is an appropriate

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sanction for a corporation’s failure to retain counsel for the duration of the litigation. United States

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v. High Country Broadcasting, 3 F.3d 1244, 1245 (9th Cir. 1993).

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For good cause shown,
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IT IS ORDERED that:

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1. Defense counsel’s Second Unopposed Motion to Withdraw (ECF No. 39) is
GRANTED.

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2. Defendants Ryan Ousdahl and Andrew D. Ross shall have until December 28, 2016,

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in which to retain substitute counsel who shall make an appearance in accordance with

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the requirements of the Local Rules of Practice, or shall file a notice with the court that

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he will be appearing in this matter pro se, that is representing themselves.

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3. Defendants’ Ousdahl and Ross’ failure to timely comply with this order by either

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obtaining substitute counsel, or filing a notice that they will be appearing in this matter

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

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to the District Judge for case ending sanctions such as default judgment.

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4. Defendants All Market Products & Services, LLC and Dental Club America, LLC,

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shall have until December 28, 2016, in which to retain substitute counsel who shall

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

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5. Defendants All Market Products & Services, LLC and Dental Club America, LLC’s

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failure to timely comply with this order by obtaining substitute counsel may result in

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

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to the District Judge for case ending sanctions such as default judgment.
6. The Clerk of the Court shall serve the defendants with a copy of this order at their last

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known addresses:

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All Market Products & Services, LLC
1930 Village Center Circle, Suite 3-627
Las Vegas, NV 89134

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Dental Club America, LLC
1930 Village Center Circle, Suite 3-627f
Las Vegas, NV 89134

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Ryan Ousdahl
38150 Via Huerta
Monarch Beach, CA 92562

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Andrew D. Ross
24040 Camino Del Avion A142
Monarch Beachy, CA 92629

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DATED this 28th day of November, 2016.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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