Naghavi v. Belter Health Measurement and Analysis Technology Co., Ltd.

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 DR. MORTEZA NAGHAVI, M.D., an Case No.: 3:20-cv-01723-H-KSC individual; MEDITEX CAPITAL, LLC, a 13 Delaware limited liability company; and ORDER EXTENDING THE 14 AMERICAN HEART DEADLINE FOR DEFENDANT TECHNOLOGIES, LLC, a Delaware BELTER HEALTH MEASUREMENT 15 limited liability company, AND ANALYSIS TECHNOLOGY 16 CO., LTD. TO OBTAIN Plaintiffs, SUBSTITUTE COUNSEL 17 v. 18 BELTER HEALTH MEASUREMENT 19 AND ANALYSIS TECHNOLOGY CO., LTD., a China corporation; ZHUHAI 20 HENGQIN XUANYUAN NO. 8 21 EQUITY INVESTMENT PARTNERSHIP (LIMITED 22 PARTNERSHIP), a China limited 23 partnership; and DOES 1 through 20, inclusive, 24

25 Defendants. 26 On September 8, 2021, the law firm of Paul Hastings LLP and its current and former 27 attorneys, Peter M. Stone, Danli C. Guo, and Kevin J. White (collectively, “Paul 28 Hastings”), filed a motion to withdraw as counsel of record for Defendant Belter Health 1 || Measurement and Analysis Technology Co., Ltd. (“Defendant”). (Doc. No. 38.) On 2 || October 27, 2021, the Court entered an Order directing the Defendant to obtain substitute 3 ||counsel on or before November 26, 2021. (Doc. No. 39.) Paul Hastings filed a notice 4 || stating that it had delivered the Court’s Order to the Defendant on October 28, 2021. (Doc. 5 ||No. 40.) Defendant has not filed a response to the Court’s Order or otherwise indicated 6 || that it has retained substitute counsel. 7 Since Defendant is a corporation, it must be represented by counsel in order to appear 8 this action. Civ. L.R. 83.3G) (“[C]orporations, partnerships and other legal entities, may 9 || appear in court only through an attorney”). The Court will grant Defendant an additional 10 ||30 days from the date of this Order to obtain substitute counsel. However, Defendant 11 ||should take note that failure to retain counsel and comply with this Order risks the Court 12 || entering default judgment. See U.S. v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 13 || 1245 (9th Cir. 1993); Fed. R. Civ. Pro. 55. Further, failure to comply with a court order 14 result in monetary sanctions. The Court orders Belter Health Measurement and 15 || Analysis Technology Co., Ltd. to obtain new counsel and for the new counsel to enter an 16 || appearance in this case on or before Wednesday, January 12, 2022. 17 IT IS SO ORDERED. 18 || DATED: December 13, 2021 | | | | | 19 MARILYN BP. HUFF, Distri ge 20 UNITED STATES DISTRICT COURT 21 22 23 24 25 26 27 28