Tyger Manufacturing LLC v. Shenzhen Airis Electron Co Ltd.

Filing 7

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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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 TYGER MANUFACTURING LLC, 8 v. 9 10 Case No. 2:17-cv-00434-RFB-PAL Plaintiff, ORDER (Mot WD Atty – ECF No. 6) SHENZHEN AIRIS ELECTRON CO., LTD., Defendant. 11 12 This matter is before the court on Don Springmeyer and Jordan J. Butler’s Motion to 13 Withdraw as Counsel for Plaintiff (ECF No. 6) filed April 19, 2017. The motion represents that 14 communications regarding the lawsuit and the obligations between plaintiff and counsel “have not 15 continued in a manner necessary for counsel to proceed on plaintiff’s behalf.” Counsel represent 16 that they have informed the client on multiple occasions of the reasons for and necessity of filing 17 a motion to withdraw. They therefore seek leave to withdraw as counsel of record. The client was 18 served with the motion at its last known address. 19 Plaintiff filed its Complaint (ECF No. 1) February 9, 2017, and has 90 days from filing the 20 complaint to serve the summons and complaint. Fed. R. Civ. P 4(m). To date, proof of service has 21 not been filed. 22 A corporation cannot appear except through counsel. See Rowland v. California Men’s 23 Colony, 506 U.S. 194, 201–02 (1993); Reading Int'l, Inc. v. Malulani Grp., Ltd., 814 F.3d 1046, 24 1053 (9th Cir. 2016). Dismissal of all claims with prejudice is appropriate sanction for a plaintiff 25 entity that fails to retain counsel. Multi Denominational Ministry of Cannabis & Rastafari, Inc. v. 26 Gonzales, 474 F. Supp. 2d 1133, 1141 (N.D. Cal. 2007), aff'd sub nom. Multi-Denominational 27 Ministry of Cannabis & Rastafari, Inc. v. Holder, 365 F. App’x 817 (9th Cir. 2010). 28 /// 1     1 Out-of-state counsel has not submitted a pro hac vice application, or designated local 2 counsel, and will not be recognized as counsel of record unless and until he has fully complied 3 with the Local Rules of Practice and the district judge has entered an order granting his pro hac 4 vice application. See LR IA 11-2. 5 Having reviewed and considered the matter, and for good cause shown, 6 IT IS ORDERED: 7 1. The Motion to Withdraw (ECF No. 6) is GRANTED. 8 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 9 requirements of the Local Rules of Practice. 10 11 3. Failure to timely comply with this order by obtaining substitute counsel may result 12 in the imposition of sanctions, which may include a recommendation to the District 13 Judge that plaintiff=s complaint be dismissed for failure to prosecute. See Fed. R. 14 Civ. P. 41(b). 15 4. The Clerk of the Court shall serve the plaintiff with a copy of this order at his last 16 known address: 17 Tyger Manufacturing LLC dba 7Pipe c/o Jeffrey Han, Manager 1528 S. El Camino Rd., Ste. 108 San Mateo, CA 94402 18 19 20 DATED this 5th day of May, 2017. 21 22 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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