EverySpace Construction, LLC v. Encor Solar, LLC ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 EverySpace Construction, LLC, a Nevada Case No. 2:23-cv-01105-APG-DJA 6 limited liability company, 7 Plaintiff, Order to Show Cause 8 v. 9 Encor Solar, LLC, a Utah limited liability company; Lumin8 Holdings, LLC dba Ascent 10 Ventures, a Utah limited liability company; Agni Inc., a Delaware corporation, 11 Defendants. 12 13 This matter is before the Court on its review of the docket. On April 17, 2024, the Court 14 granted David L. Mortenson, Robert T. Stewart, and Tanner B. Camp of Foley & Lardner LLP 15 and David Sampon of the Law Office of David Sampson’s (“Counsel”) motion to withdraw as 16 counsel for Encor Solar, LLC. (ECF No. 84). The Court gave Encor until May 17, 2024 to 17 either: (1) have new counsel appear for it in this matter; or (2) file a status report regarding its 18 efforts to retain counsel. (Id.). It advised that “[f]ailure to comply with this order may result in 19 sanctions.” (Id.). Encor did not comply with this order. The Court will therefore order Encor to 20 show cause why the Court should not recommend sanctions for Encor’s failure to comply with 21 the prior order and appear in this case through counsel. See Reading Intern., Inc. v. Malulani 22 Group, Ltd., 814 F.3d 1046, 1053 (9th Cir. 2016) (explaining that corporations must be 23 represented by counsel). 24 25 IT IS THEREFORE ORDERED that, on or before September 25, 2024, Encor must 26 respond to this order showing cause why the Court should not recommend sanctions against it for 27 its failure to comply with the Court’s order (ECF No. 84) and its failure to appear in this case 1 IT IS FURTHER ORDERED that the Clerk’s Office is kindly directed to send a copy of 2 this order to Encor at the below address: 3 Encor Solar, LLC 4 3049 Executive Pkwy 5 Lehi, UT 84043 6 7 DATED: August 26, 2024 8 DANIEL J. ALBREGTS 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27