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Vances Foods, Inc. v. Special Diets Europe Ltd.

United States District Court, Ninth Circuit, California, E.D. California
Apr 22, 2015
2:11-cv-2943 TLN CKD (E.D. Cal. Apr. 22, 2015)

Opinion


VANCES FOODS, INC., Plaintiff, v. SPECIAL DIETS EUROPE LIMITED, et al., Defendants. No. 2:11-cv-2943 TLN CKD United States District Court, E.D. California. April 22, 2015

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         On April 9, 2015, findings and recommendations were filed recommending that plaintiff's motion for default judgment be granted. On April 21, 2015, one day before the objection period was due to expire, defendant Eamon Cotter, proceeding in propria persona, emailed the judicial assistant of the undersigned requesting an extension of time to file objections. The court has had the email docketed as a motion for extension of time. ECF No. 50.

The court notes that the other remaining defendant is a corporation, and as such may not proceed pro se but must be represented by counsel in order to defend this action. See Rowland v. California Men's Colony, 506 U.S. 194, 202 (1993) ("A corporation may appear in the federal courts only through licensed counsel."); see also In re America West Airlines, 40 F.3d 1058 (9th Cir. 1994) (non-attorney members of partnership cannot appear on behalf of partnership).

Defendant is advised that the court will not accept any further email filings. All documents to be submitted to the court must be mailed to the Clerk of Court for filing. In light of defendant's domicile in Ireland and the consequent delay in receiving the mailed copy of the court's findings and recommendations, the court allows just this once the email request for an extension of time. 4 vances.eot

         Accordingly, IT IS HEREBY ORDERED that:

1. Defendant's request for extension of time is granted; and

2. Objections, if any, shall be filed no later than May 20, 2015.


Summaries of

Vances Foods, Inc. v. Special Diets Europe Ltd.

United States District Court, Ninth Circuit, California, E.D. California
Apr 22, 2015
2:11-cv-2943 TLN CKD (E.D. Cal. Apr. 22, 2015)
Case details for

Vances Foods, Inc. v. Special Diets Europe Ltd.

Case Details

Full title:VANCES FOODS, INC., Plaintiff, v. SPECIAL DIETS EUROPE LIMITED, et al.…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 22, 2015

Citations

2:11-cv-2943 TLN CKD (E.D. Cal. Apr. 22, 2015)