The 24-7 Group of Companies, Inc. v. Roberts et al

Filing 39

ORDER denying 38 Motion to Vacate. Clerk directed to mail this order, counsel's motion 36 and the order granting the motion 37 to Kraft/24-7 at address listed on request (mailed 8/21/14). Telephonic status conference set for < B>Friday, 9/5/14, at 1:30 p.m. to allow Mr. Kraft to show cause why a report and recommendation should not be entered recommending dismissal of this action. Parties wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the security code 91514 approximately five minutes prior to the hearing. Signed by Magistrate Judge William G. Cobb on 8/21/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE 24-7 GROUP OF COMPANIES, INC., )
a Nevada corporation,
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Plaintiff,
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vs.
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TERRY ROBERTS, an individual;
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MELANIE ROBERTS, an individual; and )
WELLS FARGO BANK, N.A., etc.,
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Defendants.
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______________________________________)

3:13-cv-00211-MMD-WGC
ORDER DENYING
REQUEST TO VACATE (Doc. # 38);
AND
ORDER TO SHOW CAUSE

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Before the court is the Request to Vacate submitted by Rune Kraft (Kraft), who identifies himself

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as Chairman of THE 24-7 GROUP OF COMPANIES (24-7). (Doc. # 38.)1 Kraft contends Plaintiff 24-7

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did not receive the motion for leave to withdraw as counsel of record submitted by Phillip Stone, Esq.

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(Doc. # 36.) However, attorney Stone's motion contains a certificate of service which includes Kraft and

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24-7 as addressees. (Id. at 7.) The Plaintiff's Request includes a copy of counsel's letter to Kraft/24-7

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advising of and enclosing the court's order, but Kraft contends the order did not accompany Mr. Stone's

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letter.

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Despite the contention neither counsel's motion nor the court's order were received by Kraft/24-7,

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the court is not inclined to change its decision allowing Mr. Stone to withdraw. Therefore, the request

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to vacate (Doc. # 38) is DENIED. Nevertheless, the clerk is directed to mail this order, counsel's motion

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(Doc. # 36) and the court's order granting the motion (Doc. # 37) to Kraft/24-7 at the address listed on

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the Request (Doc. # 38).

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As reflected in Docs. # 36 and #37, on July 15, 2014, this court entered an order granting the

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motion of attorney Phillip Stone, Esq., to withdraw as counsel of record for Plaintiff The 24-7 Group

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Refers to court's docket number.

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of Companies (Doc. # 37). The court further stated in its minute order, as it has in the past (Doc. # 23),

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that a corporation may only appear in federal court only through a licensed attorney. United States v.

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High Country Broad Co., 3 F.3d 1244, 1245 (9th Cir. 1993); In re America W. Airlines, 40 F.3d 1058,

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1059 (9th Cir. 1944) (per curiam). Therefore, the court further ordered Plaintiff, The 24-7 Group of

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Companies, Inc., to procure replacement counsel not later than thirty (30) days from the date of that

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order. Plaintiff was advised that the unexplained failure to obtain substitute counsel will cause this court

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to sua sponte issue a Report and Recommendation to the District Court that this action should be

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dismissed. To date, Plaintiff has not retained substitute counsel to represent the Plaintiff corporation in

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this action.

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Although this court previously stated that the failure of Plaintiff to secure replacement counsel

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within thirty (30) days of its July 15, 2014 Order would cause this court to sua sponte enter a

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recommendation that this case should be dismissed, nevertheless the court will conduct a telephonic

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status conference on Friday, September 5, 2014, at 1:30 p.m., to allow plaintiff's representative,

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Mr. Rune Kraft, to show cause why a report and recommendation should not be entered recommending

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dismissal of this action for failure to obtain counsel to represent the corporate plaintiff herein. Those

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parties wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and

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enter the security code 91514 approximately five (5) minutes prior to the hearing.

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IT IS SO ORDERED.

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DATED: August 21, 2014

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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