Joachin v. Hometown Eats, Inc. et al

Filing 53

ORDER. IT IS ORDERED that 52 Defense Counsel Scott A. Knight's Motion to Withdraw is granted. See Order for further deadlines/specifications. Signed by Magistrate Judge Daniel J. Albregts on 9/18/2019. (Copies have been distributed pursuant to the NEF - cc: Defendants - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARMANDO JOACHIN, on his behalf and on,
behalf of others similarly situated,

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Plaintiff,
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vs.
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HOMETOWN EATS, INC., et al.,
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Defendants.
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__________________________________________)

Case No. 2:18-cv-00793-GMN-DJA
ORDER

This matter is before the Court on Defense Counsel Scott A. Knight’s Motion to Withdraw

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(ECF No. 52), filed on September 16, 2019. Pursuant to Local Rule (“LR”) IA 11-6, “[n]o attorney

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may withdraw after appearing in a case except by leave of Court after notice has been served on the

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affected client and opposing counsel.” See LR IA 11-6(b). Having reviewed the motion, the Court

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finds that requirements of LR IA 11-6(b) have been met. Mr. Knight indicates that communication with

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Defendants has ceased and Defendants have failed to make timely payment of money owed to the firm

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necessitating his withdrawal. The Court will require that Defendants Rex F. Henriott and Alejandra

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Meza-Cervantes notify the Court by October 16, 2019 as to their intent to proceed pro se or with other

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representation. Failure to do so may result in dispositive sanctions.

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Further, the Court will require Defendant Hometown Eats, Inc. to advise the Court if it will

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retain new counsel by October 16, 2019 as it must retain new counsel if it intends to continue to litigate

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this matter. See United States v. High Country Broad., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam);

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In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that “[c]orporations and other

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unincorporated associations must appear in court through an attorney.”). Filing a notice of new counsel

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on or before October 16, 2019 is sufficient to comply with the Court’s order. Failure to respond may

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result in a recommendation to the United States District Judge assigned to this case that dispositive

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sanctions be issued against Defendant Hometown Eats, Inc.

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IT IS HEREBY ORDERED that Defense Counsel Scott A. Knight’s Motion to Withdraw
(ECF No. 52) is granted.

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IT IS FURTHER ORDERED that Defendants Rex F. Henriott and Alejandra Meza-Cervantes

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shall notify the Court as to whether they intend to proceed pro se or retain counsel by October 16,

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2019. Failure to notify the Court as to their representation status may subject them to dispositive

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sanctions, including a recommendation for dismissal of this action.

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IT IS FURTHER ORDERED that Defendant Hometown Eats, Inc. shall have until October

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16, 2019 to advise the Court if it will retain new counsel. Failure to notify the Court as to their new

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representation may subject it to dispositive sanctions, including a recommendation for dismissal of this

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action.

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IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known addresses of

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Defendants to the civil docket and send a copy of this Order to Defendants’ last known addresses:

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Rex F. Henriott

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1801 North Green Valley Parkway, #2211

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Henderson, NV 89074

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702-763-0836

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[e-mail]

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Alejandra Meza-Cervantes

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1801 North Green Valley Parkway, #2211

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Henderson, NV 89074

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702-763-0831

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[e-mail]

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Hometown Eats, Inc.

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c/o Registered Agent, Alejandra Meza-Cervantes

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5715 South Pecos Road

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Las Vegas, NV 89120

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702-763-0831

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[e-mail]

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Dated this 18th day of September, 2019.

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___________________________________
Daniel J. Albregts
United States Magistrate Judge

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