FNA Group, Inc. v. Jiangsu Longteng-Pengda Electric Mechanical Co., Ltd.

Filing 28

ORDER granting #26 Motion to Withdraw as Attorney McDermott Will & Emery and the Morris Law Group. Attorney designation deadline: 1/11/2019. Charles M. McMahon, Esq. must deliver a copy of this Order to JIANGSU LONGTENG-PENGDA ELECTRIC MECHANICAL CO., LTD. The certificate of delivery must be filed with this Court on or before December 17, 2018. Status Hearing set for 1/18/2019 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 12/11/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FNA GROUP, INC.,
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Plaintiff,
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vs.
JIANGSU LONGTENG-PENGDA ELECTRIC
MECHANICAL CO., LTD.,

2:18-cv-00812-RFB-VCF
ORDER

Defendant.
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Before the court is Defendant’s Motion to Withdraw as Counsel of Record. (ECF No. 26). Charles
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M. McMahon, Esq. states that irreconcilable differences have arisen between Defendant and the law firms
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of McDermott Will & Emery and the Morris Law Group. Id at 26-1, p 3.
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Plaintiff does not oppose the motion. (ECF No. 27).
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Discussion:
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Local Rule IA 11-6 provides that “[e]xcept for good cause shown, no withdrawal or substitution
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will be approved if it will result in delay of discovery, the trial, or any hearing in this case.” Trial date has
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not been set. There are no pending hearings or motions, and discovery ends July 25, 2019. (ECF No. 24).
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Based on counsel’s representation, the Court permits counsel to withdraw. Id. LR IA 11-6(b).
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28 U.S.C. § 1654 provides that “[i]n all courts of the United States the parties may plead and
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conduct their own cases personally.” See C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th
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Cir. 1987). Although individuals may represent themselves pursuant to this statute, a corporation is not
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permitted to appear in Federal Court unless it is represented by counsel.
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U.S. v. High Country

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Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993). An individual also does not have the right to

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appear on behalf of anyone other than himself. Pope, 818 F.2d at 697. The Ninth Circuit has permitted

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motions to strike and motions to dismiss pleadings filed by pro se parties on behalf of entities including

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trusts. Id. at 698; United States v. Nagy, C11-5066BHS, 2011 WL 3502488 (W.D. Wash. Aug. 10, 2011).

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Chalmers Automotive, LLC may not proceed pro se, as corporations must be represented by counsel.

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The Court finds that permitting counsel to withdraw would not result in delay. LR IA 11-6. No

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hearing has been scheduled and trial date has not been determined.

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Accordingly, and for Good Cause Shown,

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IT IS HEREBY ORDERED that McDermott Will & Emery and the Morris Law Group’s Motion

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to Withdraw as Counsel of Record. (ECF No. 26) is GRANTED.
IT

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IS

FURTHER

ORDERED

that

JIANGSU

LONGTENG-PENGDA

ELECTRIC

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MECHANICAL CO., LTD. must retain counsel by January 11, 2019. Failure to comply with this order

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may result in a recommendation to the District Judge for sanctions, including case-dispositive sanctions.

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IT IS FURTHER ORDERED that Charles M. McMahon, Esq. must deliver a copy of this Order

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to JIANGSU LONGTENG-PENGDA ELECTRIC MECHANICAL CO., LTD. The certificate of delivery

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must be filed with this Court on or before December 17, 2018.

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IT IS FURTHER ORDERED that Mr. McMahon must file with the Court the identity of one or

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more officers, directors, or managing agent of JIANGSU LONGTENG-PENGDA ELECTRIC

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MECHANICAL CO., LTD. known to him, and the last known address(es) and contact information of

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JIANGSU LONGTENG-PENGDA ELECTRIC MECHANICAL CO., LTD., on or before December 17,

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2018.

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IT IS FURTHER ORDERED that a status hearing is scheduled for 10:00 AM, January 18, 2019,
in Courtroom 3D.

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IT IS FURTHER ORDERED that an officer, director, or managing agent of JIANGSU

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LONGTENG-PENGDA ELECTRIC MECHANICAL CO., LTD. JIANGSU LONGTENG-PENGDA

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ELECTRIC MECHANICAL CO., LTD. must attend the status hearing on 10:00 AM, January 18, 2019,

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in Courtroom 3D.

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DATED this 11th day of December, 2018.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE