The City of Elko vs. Ville 837 LLC et al

Filing 40

ORDER - The motions to withdraw as counsel (ECF Nos. 38 , 39 ) are GRANTED. The Clerk shall update the docket to reflect the addresses for Defendants as noted herein. The Clerk shall MAIL a copy of this order to Ville 837, LLC at the above add resses. (Mailed 3/5/2025.) Defendants shall file a substitution of counsel on or before Friday, April 4, 2025. Ville 837, LLC is advised that if substitute counsel had not entered an appearance by April 4, 2025, the Court will issue a Report and Recommendation that Ville 837, LLCs answer be stricken, and a default be entered. Signed by Magistrate Judge Carla Baldwin on 3/5/2025. (Copies have been distributed pursuant to the NEF - DRM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 THE CITY OF ELKO, 5 6 7 Case No. 3:24-CV-00214-ART-CLB Plaintiff, v. [ECF Nos. 38, 39] VILLE 837 LLC, et al., 8 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL Defendants. 9 10 Before the Court is Matthew K. Schriever of the law firm Schriever Legal PLLC’s 11 (Schriever”) motion to withdraw as counsel for Defendant Ville 837, LLC. (ECF No. 38.) 12 Plaintiff, the City of Elko, filed a non-opposition to the motion, (ECF No. 39). No opposition 13 was filed by Ville 837, LLC, and Schriever certifies that the motion to withdraw was served 14 on Ville 837, LLC by U.S. mail and the court’s electronic filing system. (Id. at 5.) 15 Good cause appearing, the motions to withdraw, (ECF Nos. 38, 39), are 16 GRANTED. The Clerk shall update the docket to reflect the following address for 17 Defendants: 18 19 20 21 22 23 24 25 Ville 837, LLC c/o AENTA Properties, LLC 9306 S 1300 W West Jordan, UT 84808 keith@villepm.com Ville 837, LLC c/o Spencer Macdonald Artifex Law, LLC 363 N. University Ave., Ste 105b Provo, UT 84601 spencer@artifex-law.com The Clerk shall MAIL a copy of this order to Ville 837, LLC at the above addresses. 26 Finally, Defendants are advised that the Ninth Circuit has held that a corporation 27 and other unincorporated associations may only appear in federal court through an 28 attorney. United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244 (9th Cir. 1 1993); Licht v. America West Airlines, 40 F.3d 1058 (9th Cir. 1994). Therefore, Defendants 2 shall file a substitution of counsel on or before Friday, April 4, 2025. Ville 837, LLC is 3 advised that if substitute counsel had not entered an appearance by April 4, 2025, the 4 Court will issue a Report and Recommendation that Ville 837, LLC’s answer be stricken, 5 and a default be entered. 6 March 5, 2025 DATED: ________________. 7 8 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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