Decollibus v. Rubus Management, LLC

• Court: District Court, D. Nevada
• Decided: August 15, 2024
• Docket: 2:23-cv-01552
• Status: Unknown

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 DANIELLE DECOLLIBUS, individually Case No. 2:23-cv-01552-ART-EJY 6 and on behalf of all others similarly situated, ORDER 7 Plaintiff, 8 v.

9 RUBUS MANAGEMENT, LLC; EMPLOYEE(S)/AGENT(S) DOES 1-10; 10 and ROE CORPORATIONS 11-20, inclusive, 11 Defendants. 12 13 14 This Court granted defense counsel’s motion to withdraw on January 30, 15 2024, and stayed discovery for thirty days to allow Defendant to find new counsel 16 (ECF No. 17), but none has appeared. Defendant is warned that “[c]orporations 17 and other unincorporated associations must appear in court through an 18 attorney.” D-Beam Ltd. Partnership v. Roller Derby Skates, Inc., 366 F.3d 972, 19 973-74 (9th Cir. 2004)(citing Licht v. Am. W. Airlines (In re Am. W. Airlines), 40 20 F.3d 1058, 1059 (9th Cir. 1994)). An action against an unrepresented corporate 21 defendant can result in entry of default judgment for failure to defend. See LR 22 77-1(b)(2)(“The clerk must: . . . (2) Enter default for failure to plead or otherwise 23 defend under Fed. R. Civ. P. 55(a)”); Fed. R. Civ. P. 55(a)(“When a party against 24 whom a judgment for affirmative relief is sought has failed to plead or otherwise 25 defend, and that failure is shown by affidavit or otherwise, the clerk must enter 26 the party's default.”). 27 // 28 // 1 It is ordered that Defendant’s counsel enter an appearance no later than 2 || August 234, 2024. 3 4 DATED THIS 15 day of August, 2024. 5 6 Ares posed dn 7 ANNER TRAUM 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28