Opinion
2:10-CV-1385 JCM (PAL)
04-10-2013
PAINTERS JOINT COMMITTEE, et al., Plaintiffs, v. J.L. WALLCO, INC. Dba Wallternatives, et al., Defendants.
ORDER
Presently before the court is defendant Sunrise Painting/RCH, Inc.'s motion to extend time to retain counsel. (Doc. # 302). Plaintiffs filed a response in opposition. (Doc. # 305). Defendant Sunrise filed a reply. (Doc. # 306).
The motion was actually filed by co-defendant Richard Raoul Nieto, Sr., on behalf of Sunrise.
In a previous order, this court granted certain co-defendants, including Sunrise, fourteen days to find new counsel. (Doc. # 297). Co-defendants' prior counsel withdrew because co-defendants were not paying their attorney fees and represented that they would not be able to pay during an upcoming trial. (See id.). Defendant Sunrise, a corporation, now seeks an additional thirty days to find new counsel. Plaintiffs object to the extension and their objections are well-taken.
This is an old case that needs to proceed to trial. This will be the final extension to find new counsel. Defendant Sunrise, and presumably co-defendants Richard Raoul Nieto, Sr., and Claudia Bammer, shall find new counsel within fourteen days of this order.
A corporation may only appear through licensed counsel. See United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245. If Sunrise does not find new counsel within fourteen days of this order, then plaintiffs may move for case dispositive sanctions.
The parties are instructed to file a stipulation with proposed trial dates after individual co-defendants find new counsel or decide to proceed pro se.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant's motion to extend time to retain counsel (doc. # 302) be, and the same hereby, is GRANTED consistent with the foregoing.
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UNITED STATES DISTRICT JUDGE