Felix v. Allstate Insurance Company ( 2019 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 JUAN FELIX, ET AL., Case No. 2:19-cv-02037-RFB-DJA 6 Plaintiffs, 7 ORDER v. 8 ALLSTATE INSURANCE COMPANY, ET 9 AL., 10 Defendants. 11 12 This matter is before the Court on pro se Plaintiff Juan Felix’s and Habit LLC’s Motion 13 for Extension of Time (ECF No. 9), filed on December 23, 2019. The Court previously granted 14 withdrawal of their counsel as Mr. Claus indicated that Plaintiffs Juan Felix and Habit LLC had 15 not retained him in this litigation. (ECF No. 9). The Court required that Plaintiff Juan Felix 16 notify the Court by December 23, 2019 as to his intent to proceed pro se or with other 17 representation. (Id.). Further, the Court required that Plaintiff Habit LLC advise the Court if it 18 will retain new counsel by December 23, 2019 as it must retain new counsel if it intends to 19 continue to litigate this matter. See United States v. High Country Broad., 3 F.3d 1244, 1245 (9th 20 Cir. 1993) (per curiam); In re Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (stating that 21 “[c]orporations and other unincorporated associations must appear in court through an attorney.”). 22 (Id.). 23 In the instant Motion, Plaintiffs request additional time due to Felix’s incarceration and he 24 is the only owner of Habit LLC. The Court finds good cause to grant the extension request only 25 until January 27, 2020. Filing a notice of new counsel on or before January 27, 2020 is sufficient 26 to comply with the Court’s order. Failure to respond may result in a recommendation to the 27 United States District Judge assigned to this case that dispositive sanctions be issued against 1 IT IS HEREBY ORDERED that Plaintiff Juan Felix’s and Habit LLC’s Motion for 2 Extension of Time (ECF No. 9) is granted. 3 IT IS FURTHER ORDERED that Plaintiff Juan Felix shall notify the Court as to 4 whether he intends to proceed pro se or retain counsel by January 27, 2020. Failure to notify the 5 Court as to his representation status may subject him to dispositive sanctions, including a 6 recommendation for dismissal of this action. 7 IT IS FURTHER ORDERED that Plaintiff Habit LLC shall have until January 27, 8 2020 to advise the Court if it will retain new counsel. Failure to notify the Court as to their new 9 representation may subject it to dispositive sanctions, including a recommendation for dismissal 10 of this action. 11 IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known 12 address of Plaintiffs to the civil docket and send a copy of this Order to Plaintiffs’ last known 13 address: 14 Juan Felix and Habit LLC 15 High Desert State Prison 16 P.O. Box 650 17 Indian Springs, NV 89070 18 19 DATED: December 30, 2019 20 DANIEL J. ALBREGTS 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27