Reyes v. Five Diamond Cold Storage, Inc.

Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 SARA REYES, Case No. 1:24-cv-00028-JLT-SAB 11 Plaintiff, ORDER CONTINUING AUGUST 6, 2025 12 HEARING REGARDING DEFENDANTS’ v. MOTION TO WITHDRAW TO AUGUST 13 13, 2025 GROW SMART LABOR, INC., et al. 14 ORDER DIRECTING A REPRESENTATIVE Defendants. OF DEFENDANT GROW SMART, INC. TO 15 PERSONALLY APPEAR AT AUGUST 13, 2025 HEARING 16 17 On June 25, 2025, counsel for Defendants Grow Smart Labor, Inc., Pedro Arellano- 18 Moya, and Jorge Esteban Fuentes filed a motion to withdraw as attorneys of record. (ECF No. 19 54.) Counsel set the hearing in the matter for August 6, 2025. The Court shall continue the 20 hearing to the next available date on August 13, 2025. 21 Upon a brief review of Counsel’s motion to withdraw, the Court notes Counsel for 22 Defendants fail to address whether they have informed Grow Smart Labor, Inc. of the 23 consequences of the proposed withdrawal, primarily the inability of Grow Smart Labor, Inc. to 24 represent itself in propria persona. See L.R. 183(a) (“A corporation or other entity may appear 25 only by an attorney”); Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 26 506 U.S. 194, 201–02 (1993) (“It has been the law for the better part of two centuries, for 27 example, that a corporation may appear in the federal courts only through licensed counsel”); see also Caveman Foods, LLC v. jAnn Payne's Caveman Foods, LLC, No. 2:12-cv-1112 WBS 1 | DAD, 2015 WL 6736801, at *2 (E.D. Cal. Nov. 4, 2015) (“Before permitting counsel to 2 | withdraw, it is also this court's practice to ensure that the client understands and assents to the 3 | consequences of being unrepresented by counsel. Where the client is a corporation or 4 | unincorporated association, those consequences are dire. While individuals may appear in 5 | propria persona, corporations and other entities may appear only through an attorney; an 6 | unrepresented entity cannot file any pleadings, make or oppose any motions, or present any 7 | evidence to contest liability....An unrepresented entity is thus subject to the entry of default and 8 | default judgment.”) (Emphasis added). Whether Counsel have adequately informed Grow 9 | Smart, Inc. of the consequences of withdrawal—including the fact that granting counsel’s motion 10 | would place Grow Smart, Inc. in immediate violation of Local Rule 183(a)—is a fruitful topic to 11 | for the August 13, 2025 hearing, absent a substitution of attorney filed in the interim. 12 If new counsel is not substituted before August 13, 2025, the Court orders that a 13 | representative of Grow Smart, Inc., appear at the hearing on the motion to withdraw. If different 14 | counsel is retained prior to August 13, 2025, Defendants shall promptly file notice of substitution 15 | of attorney. 16 Accordingly, IT IS HEREBY ORDERED that: 17 1. The August 6, 2025 hearing regarding the motion to withdraw as attorney is 18 CONTINUED to August 13, 2025; and 19 2. A representative of Grow Smart, Inc. is DIRECTED to appear in person or by 20 videoconference on August 13, 2025, at 10:00 a.m. in Courtroom 9 before 21 Magistrate Judge Stanley Boone. 22 73 IT IS SO ORDERED. OF. nf ee 24 | Dated: _ June 26, 2025 _ OO STANLEY A. BOONE 25 United States Magistrate Judge 26 27 28