Ditech Financial LLC et al v. Antelope Homeowners' Association et al

Filing 56

ORDER that the Court construes the 54 Response to 49 Order to Show Cause as a Motion for Reconsideration on the basis of legal error or manifest injustice. Accordingly the Motion to Reconsider is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 10/30/2017. (Copies have been distributed pursuant to the NEF - SLD) Modified to properly link Order to document on 10/30/2017 (SLD).

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DITECH FINANCIAL, LLC, et al.,

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Plaintiff(s),

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vs.

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ANTELOPE HOMEOWNERS’
ASSOCIATION, et al.,

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Defendant(s).
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Case No. 2:17-cv-02029-RFB-NJK
ORDER
(Docket No. 54)

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On October 18, 2017, the Court ordered Defendant Leodegario D. Salvador d/b/a GDS Financial

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to retain an attorney by November 8, 2017. Docket No. 49. On October 27, 2017, Defendant filed a

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response to the Court’s order, arguing that it is not required to obtain an attorney as an individual doing

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business as a corporate entity. Docket No. 54. The Court construes this filing as a motion for

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reconsideration on the basis of legal error or manifest injustice. See Local Rule 59-1(a). As the Court’s

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prior order identified, Docket No. 49 at 1, several courts have similarly held that an individual doing

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business as a corporate entity must obtain counsel, see Lance v. Adams, 2011 WL 1813061, at *3 (E.D.

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Cal. May 6, 2011) (refusing to allow plaintiff to proceed pro se individual doing business as a corporate

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entity); see also Sobayo v. Caliber Home Loans, Inc., 2016 WL 6277233, at *1, 4 (N.D. Cal. Oct. 27,

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2016) (same); J&J Sports Prods., Inc. v. De La Cerda, 2013 WL 1091697, at *2 (E.D. Cal. Mar. 14,

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2013) (ordering defendants sued in both their individual capacities and as individuals doing business as

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a corporate entity to obtain licensed counsel). Defendant’s motion to reconsider cites no legal authority

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making a contrary holding. The Court is not persuaded that it committed legal error in requiring

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Defendant to retain licensed counsel and is not persuaded that there is manifest injustice.

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Accordingly, the motion to reconsider is hereby DENIED.

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IT IS SO ORDERED.

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DATED: October 30, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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