Opinion
21-CV-8845 (VSB)
12-13-2021
ARTURO ESTEVEZ, individually and on behalf of all others similarly situated, Plaintiffs, v. BELLA ROSE PASSION ESSENTIALS, LLC, Defendant.
ORDER
VERNON S. BRODERICK, UNITED STATES DISTRICT JUDGE
I am in receipt of Defendant's letter requesting that I dismiss this case and Plaintiffs' response letter requesting that I dismiss Defendant's letter for failure to retain counsel. (Docs. 7-8.) Defendant is a corporation and has not yet retained counsel. Since corporations may only appear in federal court through licensed counsel, see Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993), it is hereby:
ORDERED that Defendant shall retain licensed counsel and direct counsel to file an appearance on ECF on or before December 23, 2021. I will not consider Defendant's individually filed letter.
IT IS FURTHER ORDERED that Defendant shall file its answer or otherwise respond to the complaint on or before January 3, 2022.
IT IS FURTHER ORDERED that if Defendant fails to answer the complaint by January 3, 2022 and if Plaintiffs intend to seek a default judgment, they are directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than January 10, 2022. If Plaintiffs fail to do so or otherwise demonstrate that they intend to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
SO ORDERED.