Opinion
NO. CIV. 2:08-00102 WBS JFM.
November 5, 2008
ORDER
On October 22, 2008, less than one month after he substituted in as counsel for plaintiffs Charles Yeager and the General Chuck Yeager Foundation, Inc. ("Foundation"), plaintiff's new counsel moved to withdraw from representation. At a hearing on November 3, 2008, counsel for plaintiffs and defendants appeared; however, neither Yeager nor a representative for the Foundation appeared.
For reasons discussed at the hearing, the court grants plaintiffs' counsel's motion to withdraw as counsel of record. Yeager is hereby substituted pro se. The Foundation may not appear pro se as it is either a corporation or other type of entity. See, e.g., D-Beam Ltd. P'ship v. Roller Derby Skates, Inc., 366 F.3d 972, 974 (9th Cir. 2004) (recognizing "the requirement that corporations and other entities be represented by counsel") (citation omitted). The Foundation, therefore, may not appear or file any documents unless represented by new counsel.
Plaintiffs' Complaint does not indicate whether the Foundation is a corporation; however, subsequent documents filed by plaintiffs indicate that it is incorporated.
As the only plaintiff that may appear is now proceeding pro se, this matter is hereby referred pursuant to Eastern District Local Rule 72-302(c) to Magistrate Judge Kimberly J. Mueller for all further proceedings consistent with the applicable rules. For the reasons discussed at the hearing, the court also accepts the parties' stipulation to extend the time in which plaintiff may file an amended complaint to December 3, 2008.
IT IS SO ORDERED.