Price Simms Holdings LLC v. Candle3, LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PRICE SIMMS HOLDINGS, LLC, et al., No. 2:18-cv-1851-WBS-KJN 12 Plaintiffs, ORDER SETTING STATUS CONFERENCE 13 v. (ECF Nos. 109-113.) 14 CANDLE3, LLC., et al., 15 Defendants. 16 17 On December 13, 2019, plaintiffs filed a motion to compel discovery responses from 18 defendant Candle3, and set it for a January 16, 2020 hearing before the undersigned. (ECF No. 19 97.) Therein, plaintiffs contended Candle3 had not responded to a number of discovery requests. 20 (Id.) However, a few weeks prior, Counsel for Candle3 moved to withdraw, and so the 21 undersigned concluded that resolution of the motion should be delayed until after Candle3’s 22 representation was sorted. (ECF No. 103.) 23 The district judge permitted Candle3’s counsel to withdraw on the understanding that 24 Attorney Erin M. Jensen would be filing a pro hac vice application and substituting her 25 appearance. (ECF Nos. 107, 109.) Since that time, the docket does not reflect that any pro hac 26 vice application was filed. See Local Rule 180(b)(2). Thus, for three months, Candle3 has been 27 without representation, which has left it unable to “file any pleadings, make or oppose any 28 motions, or present any evidence to contest liability.” Caveman Foods, LLC v. Ann Payne’s 1 Caveman Foods, LLC, 2:12-1112 WBS DAD, 2015 WL 6736801, at *2 (E.D. Cal. Nov. 4, 2015) 2 (collecting cases). 3 Because plaintiffs’ motion to compel had not been resolved, the undersigned ordered the 4 parties to file status updates with the court. (ECF No. 111.) Plaintiffs responded, noting that the 5 discovery they are seeking is still outstanding (ECF No. 112.) Plaintiffs requested a telephonic 6 hearing at the court’s earliest convenience in order to move the issue forward. (Id.) The court’s 7 order was mailed directly to Candle3’s Colorado address, but returned as undeliverable. Further, 8 Attorney Jensen has not filed anything with the court since February 2020. 9 Thus, in the interests of justice, the court now sets a telephonic hearing on plaintiffs’ 10 motion to compel for June 4, 2020, at 10:00 a.m. PST. If Candle3 has obtained representation by 11 this date, it would be wise for this attorney to enter his or her appearance and, if necessary, file a 12 pro hac vice application. See Local Rule 180(b). Should Candle3 fail to have counsel appear on 13 its behalf at the hearing, or should Candle3’s representative Mr. White fail to appear at this 14 hearing to explain the persistent lack of counsel, the court will set a briefing schedule so that 15 plaintiffs may move for default against Candle3. This order shall be served on the parties as 16 normal, as well as on Mr. White and Ms. Jenson at the following physical and electronic 17 addresses: 18 Candle3, LLC Candle3, LLC 19 Attn: James White and Ray Marshall Attn: James White and Ray Marshall 20 2222 Martin St #214 4060 S Kalamath St. 21 Irvine, CA 92612 Englewood, CO 80110 22 Jensen Dulaney Erin M. Jensen 23 Attn: Erin M. Jensen ejensen@jensendulaney.com 24 444 East Pikes Peak Avenue, ^200 25 Colorado Springs, CO 80903 26 27 //// 28 WAS 2. LOUV □□□ A VV DOING IN RVVUPTIOCT toa POI ee PAY VM VI 1 Accordingly, it is hereby ORDERED that: 2 1. If Candle3 has engaged counsel, this attorney shall file—as soon as possible— 3 either (a) a notice of substitution; or (b) a declaration informing the court why he 4 or she has not entered on behalf of Candle3; 5 2. An informal telephonic discovery conference is set for June 4, 2020, at 10:00 a.m. 6 PST. The parties are instructed to call 5 minutes prior the hearing into the 7 conference line 1-888-363-4734 and use the access code 1245690 plus # and 8 security code 4223 plus # when prompted; 9 3. Candle3 is warned that a failure to respond to this order, or failure to appear at the 10 June 4 telephonic conference, will constitute additional grounds for sanctions 11 which may include a default judgment being entered against the company; and 12 4. The Clerk of the Court shall serve this order on plaintiffs, on Mr. White at both of 13 Candle3’s addresses, and Attorney Jensen, as detailed in this order. 14 | Dated: May 26, 2020 i Arse A Abar 16 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 17 pric.1851 18 19 20 21 22 23 24 25 26 27 28