Tyger Manufacturing LLC v. Shenzhen Airis Electron Co Ltd.
Filing
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ORDER Granting Plaintiff's 6 Motion to Withdraw Attorneys Jordan J Butler and Don Springmeyer. Plaintiff has until 6/5/2017 to retain substitute counsel.The Clerk of the Court shall serve Plaintiff with a copy of this order at his last known address (see Order for address). Signed by Magistrate Judge Peggy A. Leen on 5/5/2017. (Copies have been distributed pursuant to the NEF - copy mailed to Plaintiff - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TYGER MANUFACTURING LLC,
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v.
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Case No. 2:17-cv-00434-RFB-PAL
Plaintiff,
ORDER
(Mot WD Atty – ECF No. 6)
SHENZHEN AIRIS ELECTRON CO., LTD.,
Defendant.
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This matter is before the court on Don Springmeyer and Jordan J. Butler’s Motion to
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Withdraw as Counsel for Plaintiff (ECF No. 6) filed April 19, 2017. The motion represents that
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communications regarding the lawsuit and the obligations between plaintiff and counsel “have not
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continued in a manner necessary for counsel to proceed on plaintiff’s behalf.” Counsel represent
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that they have informed the client on multiple occasions of the reasons for and necessity of filing
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a motion to withdraw. They therefore seek leave to withdraw as counsel of record. The client was
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served with the motion at its last known address.
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Plaintiff filed its Complaint (ECF No. 1) February 9, 2017, and has 90 days from filing the
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complaint to serve the summons and complaint. Fed. R. Civ. P 4(m). To date, proof of service has
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not been filed.
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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). Dismissal of all claims with prejudice is appropriate sanction for a plaintiff
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entity that fails to retain counsel. Multi Denominational Ministry of Cannabis & Rastafari, Inc. v.
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Gonzales, 474 F. Supp. 2d 1133, 1141 (N.D. Cal. 2007), aff'd sub nom. Multi-Denominational
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Ministry of Cannabis & Rastafari, Inc. v. Holder, 365 F. App’x 817 (9th Cir. 2010).
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Out-of-state counsel has not submitted a pro hac vice application, or designated local
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counsel, and will not be recognized as counsel of record unless and until he has fully complied
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with the Local Rules of Practice and the district judge has entered an order granting his pro hac
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vice application. See LR IA 11-2.
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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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1.
The Motion to Withdraw (ECF No. 6) is GRANTED.
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2.
Plaintiff Tyger Manufacturing LLC shall have until June 5, 2017, in which to retain
substitute counsel who shall make an appearance in accordance with the
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requirements of the Local Rules of Practice.
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3.
Failure to timely comply with this order by obtaining substitute counsel may result
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in the imposition of sanctions, which may include a recommendation to the District
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Judge that plaintiff=s complaint be dismissed for failure to prosecute. See Fed. R.
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Civ. P. 41(b).
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4.
The Clerk of the Court shall serve the plaintiff with a copy of this order at his last
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known address:
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Tyger Manufacturing LLC dba 7Pipe
c/o Jeffrey Han, Manager
1528 S. El Camino Rd., Ste. 108
San Mateo, CA 94402
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DATED this 5th day of May, 2017.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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