City Bay Capital LLC v. BH&G Holdings, LLC ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 CITY BAY CAPITAL LLC, a New York limited Case No. 2:21-cv-01790-RFB-EJY liability company, 5 Plaintiff, 6 v. 7 ORDER BH&G HOLDINGS, LLC, a Nevada limited 8 liability company; BH&G ENTERPRISES, LLC, a Nevada limited liability company; GREEN 9 MESA CAPITAL LLC, a Nevada limited liability company; MGP APEX 582 DEVELOPMENT, 10 LLC formerly known as GMC APEX 582 DEVELOPMENT, LLC, a Nevada limited 11 liability company; MGP APEX 582 GUARANTY, LLC formerly known as GMC 12 APEX 582 GUARANTY, LLC, a Nevada limited liability company; MGP APEX 582 13 MULTIFAMILY, LLC formerly known as GMC APEX 582 MULTIFAMILY, LLC, a Nevada 14 limited liability company; MULTIGREEN PROPERTIES, LLC, a Nevada limited liability 15 company; TRU DEVELOPMENT LLC, a Nevada limited liability company; and DOES 1 16 through 50, inclusive, 17 Defendants. 18 19 Pending before the Court is Plaintiff’s Motion to Extend Discovery Deadlines (ECF No. 20 81). Plaintiff’s Motion, which relates directly to discovery, is not presented as unopposed and makes 21 no reference to any meet and confer efforts as required under Local Rule. This would be reason 22 enough to deny the Motion; however, and more importantly, Defendants appear to no longer be 23 represented by counsel. Defendant entities cannot appear pro se in federal court. U.S. v. High 24 Country Broad Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993), citing, Rowland v. California Men’s 25 Colony, 506 U.S. 194 (1993) (it is well settled law that a “corporation may appear in federal court 26 only through licensed counsel.”). Despite this well settled law, Plaintiff proceeds with motion 27 practice (serving pro se entities through CMECF only, which would not constitute effective service). ] Accordingly, IT IS HEREBY ORDERED that Plaintiffs Motion to Extend Discove 2 || Deadlines (ECF No. 81) is DENIED without prejudice. 3 IT IS FURTHER ORDERED that discovery is stayed in this matter through and □□□□□□□□ 4 || March 13, 2024, to allow Defendants the opportunity to retain new counsel. 5 IT IS FURTHER ORDERED that Plaintiff's counsel must, no later than February 20, 202 6 || contact Defendants through whatever means are available to ensure delivery of this Order to tl 7 || same. Plaintiff must file a notice with the Court describing the efforts to contact Defendants ai 8 || whether those efforts were successful. 9 IT IS FURTHER ORDERED that if new counsel for each Defendant has not appeared by 10 |} before March 13, 2024, a status report must be filed on March 20, 2024 by Plaintiff and Defendan: 11 || if any that are represented by counsel, that explains how, if at all, this case may proceed and agair 12 || any of the Defendants. 13 DATED this 12th day of February, 2024. 14 15 ELAYNAJJ. YOUCHAH, 16 UNITED’STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28