Gilbert v. Doctor's Choice Modesto LLC ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 DARREN GILBERT, Case No. 1:21-cv-00690-AWI-SAB 11 Plaintiff, ORDER AMENDING SEPTEMBER 7, 2022 12 ORDER ON MOTION TO WITHDRAW v. AND DIRECTING CLERK OF COURT TO 13 UPDATE DOCKET DOCTOR’S CHOICE MODESTO, LLC, et 14 al., ORDER REQUIRING DEFENDANTS NINDISEVENTEEN LTD. LIABILITY CO., 15 Defendants. AND NINDI2039 LLC TO SECURE SUBSTITUTE COUNSEL WITHIN THIRTY 16 DAYS 17 (ECF Nos. 80, 84) 18 On September 7, 2022, the Court granted counsel Rachell Taylor Golden’s motion to 19 withdraw as counsel as to Defendant Amar Kumar. (ECF No. Due to a clerical error, the Court 20 omitted reference to the other Defendant entities that were also referenced in the notice of 21 motion. (ECF Nos. 80, 84.) Counsel also moved to withdraw as attorney for Defendants 22 Nindiseventeen LTD. Liability Co., and Nindi2039 LLC. (ECF No. 80.) 23 Only natural persons representing their individual interests may appear in propria 24 persona, and thus a corporation or partnership can only appear in court through a licensed 25 attorney. See Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 26 194, 201–02 (1993) (“It has been the law for the better part of two centuries, for example, that a 27 corporation may appear in the federal courts only through licensed counsel . . . [a]s the courts have recognized, the rationale for that rule applies equally to all artificial entities.”); Light Salt 1 | Investments, LP v. Fisher, No. 13-CV-1158-MMA(DHB), 2013 WL 12121255, at *2 (S.D. Cal. 2 | Nov. 15, 2013). 3 Nonetheless, the Court may appropriately grant a request to withdrawal leaving entity 4 | defendants without counsel, if the Court orders the entity defendants to find substitute counsel, 5 | and gives them adequate time to do so. See Consumer Fin. Prot. Bureau _v. Glob. Fin. Support, 6 | Inc., No. 3:15-CV-2440-GPC-WVG, 2019 WL 3068232, at *2 (S.D. Cal. July 12, 2019) (“At the 7 |same time, the Court recognizes that granting the withdrawal motion would leave Global 8 | Financial, a corporate defendant, without counsel, in contravention of Local Rule 83.3(k). 9 | However, Rule 83.3(k) is not offended where the court orders an unrepresented corporate 10 | defendants to find substitute counsel, and gives the same adequate time to do so.”) (collecting 11 | cases). 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. The Court’s September 7, 2022 order granting the motion to withdrawal (ECF No. 14 84) is AMENDED; 15 2. Counsel Rachelle Taylor Gordon’s motion to withdraw as counsel of record for 16 Defendants Nindiseventeen LTD. Liability Co., and Nindi2039 LLC (ECF No. 17 80), is further GRANTED as to these Defendants; 18 3. The Clerk of the Court is DIRECTED to terminate Rachelle Taylor Gordon as 19 attorney of record for Defendants Nindiseventeen LTD. Liability Co., and 20 Nindi2039 LLC; and 21 4. Defendants Nindiseventeen LTD. Liability Co., and Nindi2039 LLC, shall secure 22 substitute counsel within thirty (30) days of entry of this order. 23 24 IT IS SO ORDERED. OF. nf ee 25 | Dated: _ September 8, 2022 UNITED STATES MAGISTRATE JUDGE 27 28