Breceda v. All Rogel Construction LLC ( 2023 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Filiberto Breceda, et al., No. CV-23-00680-PHX-ROS 10 Plaintiffs, ORDER 11 v. 12 All Rogel Construction LLC, et al., 13 Defendants. 14 15 The parties filed a stipulation seeking referral to a Magistrate Judge for a settlement 16 conference and to extend Defendants’ deadline to respond to the complaint. Defendant 17 Jose R. Corona signed that stipulation, purportedly on behalf of himself and Defendant All 18 Rogel Construction LLC. However, a limited liability company cannot appear in federal 19 court except through counsel. See Rowland v. California Men’s Colony, Unit II Men's 20 Advisory Council, 506 U.S. 194, 203 (1993). Therefore, the limited liability company must 21 hire counsel if it wishes to participate in this case. 22 The parties who have properly appeared will be referred to a Magistrate Judge for a 23 settlement conference. The Court will extend the deadline for all defendants to answer 24 until after the settlement conference. 25 Accordingly, 26 IT IS ORDERED the Stipulation (Doc. 10) is GRANTED IN PART. Plaintiffs 27 and Defendant Jose R. Corona shall appear for a settlement conference. 28 IT IS FURTHER ORDERED Defendants shall respond to the complaint within fifteen days of the conclusion of the settlement conference. 2 IT IS FURTHER ORDERED this case is referred by random lot to United States || Magistrate Judge Eileen S. Willett for the purpose of conducting a settlement conference. 4 IT IS FURTHER ORDERED the parties shall contact the chambers of the 5|| Honorable Willett at 602-322-7620 no later than July 31, 2023, to schedule a settlement || conference. 7 Dated this 24th day of July, 2023. 8 fo . 9 ( —— 1 1 Senior United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-