Nationstar Mortgage LLC v. Fiesta Del Norte Homeowners Association ( 2019 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 * * * 6 NATIONSTAR MORTGAGE LLC, Case No. 2:16-cv-00497-APG-BNW 7 Plaintiff, ORDER 8 v. 9 FIESTA DEL NORTE HOMEOWNERS ASSOCIATION, et al., 10 Defendants. 11 12 Presently before the court is attorney Shane D. Cox’s motion to withdraw as counsel for 13 Absolute Collection Services, LLC (ACS). (ECF No. 63.) 14 Mr. Cox represents that he has been terminated as counsel for ACS and attaches a signed 15 statement from his client stating as much. ACS also represents that it understands that if no 16 counsel appears for ACS that it could have its answer struck and default judgment entered against 17 it. 18 Having reviewed and considered the motion, and good cause appearing, the court will 19 grant the motion to withdraw and order Defendant ACS to retain a new attorney. Defendant ACS 20 is advised that because it is a corporation, it cannot represent itself and must be represented by an 21 attorney in this action. See In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that 22 “[c]orporations and other unincorporated associations must appear in court through an attorney.”). 23 Defendant ACS further is advised that failure to retain an attorney may result in the imposition of 24 sanctions under Local Rule IA 11-8. 25 IT IS THEREFORE ORDERED that attorney Shane D. Cox’s Motion to Withdraw as 26 Attorney for Absolute Collection Services, LLC (ECF No. 63) is GRANTED. 27 1 IT IS FURTHER ORDERED that Mr. Cox must serve a copy of this order on Defendant 2 || Absolute Collection Services, LLC and must file proof of that service by December 30, 2019. 3 IT IS FURTHER ORDERED that on or before January 13, 2020, Defendant Absolute 4 || Collection Services, LLC must retain a new attorney and that attorney must file a notice of 5 || appearance in this case. 6 DATED: December 16, 2019 LE pm la We □□□ 8 BRENDA WEKSLER 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28