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).
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9
DITECH FINANCIAL, LLC, et al.,
10
Plaintiff(s),
11
vs.
12
ANTELOPE HOMEOWNERS’
ASSOCIATION, et al.,
13
Defendant(s).
14
)
)
)
)
)
)
)
)
)
)
)
Case No. 2:17-cv-02029-RFB-NJK
ORDER
(Docket No. 54)
15
On October 18, 2017, the Court ordered Defendant Leodegario D. Salvador d/b/a GDS Financial
16
to retain an attorney by November 8, 2017. Docket No. 49. On October 27, 2017, Defendant filed a
17
response to the Court’s order, arguing that it is not required to obtain an attorney as an individual doing
18
business as a corporate entity. Docket No. 54. The Court construes this filing as a motion for
19
reconsideration on the basis of legal error or manifest injustice. See Local Rule 59-1(a). As the Court’s
20
prior order identified, Docket No. 49 at 1, several courts have similarly held that an individual doing
21
business as a corporate entity must obtain counsel, see Lance v. Adams, 2011 WL 1813061, at *3 (E.D.
22
Cal. May 6, 2011) (refusing to allow plaintiff to proceed pro se individual doing business as a corporate
23
entity); see also Sobayo v. Caliber Home Loans, Inc., 2016 WL 6277233, at *1, 4 (N.D. Cal. Oct. 27,
24
2016) (same); J&J Sports Prods., Inc. v. De La Cerda, 2013 WL 1091697, at *2 (E.D. Cal. Mar. 14,
25
2013) (ordering defendants sued in both their individual capacities and as individuals doing business as
26
a corporate entity to obtain licensed counsel). Defendant’s motion to reconsider cites no legal authority
27
making a contrary holding. The Court is not persuaded that it committed legal error in requiring
28
Defendant to retain licensed counsel and is not persuaded that there is manifest injustice.
1
Accordingly, the motion to reconsider is hereby DENIED.
2
IT IS SO ORDERED.
3
DATED: October 30, 2017
4
______________________________________
NANCY J. KOPPE
United States Magistrate Judge
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?