Board of Trustees of the Teamsters Local 631 Security Fund for Southern Nevada et al v. Lightning Exhibits, LLC et al

Filing 58

ORDER Granting 56 Motion to Withdraw as Attorney. Defendant Lightning Exhibits, LLC plaintiff shall have until 11/22/18 in which to retain substitute counsel who shall make an appearance. IT IS FURTHER ORDERED that 57 is Granted and the deadline for filing the Joint Pretrial Order is extended until 11/29/18. Signed by Magistrate Judge Peggy A. Leen on 10/24/2018. (Copies have been distributed pursuant to the NEF - cc: Lightning Exhibits, 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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BOARD OF TRUSTEES OF THE
TEAMSTERS LOCAL 631 SECURITY
FUND FOR SOUTHERN NEVADA, et al.,

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v.

Case No. 2:16-cv-03032-RFB-PAL
ORDER

Plaintiffs,

(Mot WD Atty – ECF No. 56)
(Stip Ext Jt PTO – ECF No. 57)

LIGHTNING EXHIBITS, LLC, et al.,
Defendants.

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Before the court is counsel for defendant Lightning Exhibits, LLC’s Renewed Motion for

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Withdrawal as Counsel (ECF No. 56). The motion represents that the client has failed to comply

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with its financial obligations to Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (“the Firm”).

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Counsel avers that the client has been informed the firm would withdraw if payment was not

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received. For these reasons, the firm seeks to withdraw as counsel of record.

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The initial motion was denied because counsel did not provide proof of service of the

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motion on the affected client and did not provide any information concerning the last known

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address of the corporate client or the name of the client’s authorized representative. The motion

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has now been served on the client via email and Federal Express, and contact information has been

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provided. The parties also filed a Stipulation and Order to Extend Deadline to file Pre-Trial Order

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(ECF No. 57) 30 days from decision of this motion. The pretrial order is currently due October

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24, 2018. There are no dispositive motions pending.

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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). The Ninth Circuit has held that default judgment is an appropriate sanction

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

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

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

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IT IS ORDERED that:

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1. The Motion for Withdrawal of Counsel (ECF No. 56) is GRANTED.

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2. Defendant Lightning Exhibits, LLC plaintiff shall have until November 22, 2018 in

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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.

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3. Defendant Lightning Exhibits, LLC’s failure to timely comply with this order by

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obtaining substitute counsel may result in the imposition of sanctions, which may

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include a recommendation to the District Judge of default judgment.

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4. The Clerk of the Court shall serve the plaintiff with a copy of this order at Lightning

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Exhibits, LLC’s last known address:

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Lightning Exhibits, LLC
c/o Tammy Lasley
15110 Pine Valley Blvd.
Clermont, FL 34711

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5. The Stipulation to Extend the Joint Pretrial Order (ECF No. 57) is GRANTED and the
deadline for filing the Joint Pretrial Order is extended until November 29, 2018.
DATED this 23rd day of October 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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