1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TRANSITION TECHNOLOGIES- Case No. 4:20-cv-02091-KAW MANAGED SERVICES LLC, 8 ORDER DISCHARGING THIRD Plaintiff, ORDER TO SHOW CAUSE; ORDER 9 TO FILE DISIMSSAL OR MOTION TO v. WITHDRAW WITHIN 30 DAYS 10 M TODD BOYD, et al., Re: Dkt. Nos. 50, 51 11 Defendants. 12 13 On March 23, 2022, the Clerk entered default against Defendants M. Todd Boyd and 14 Tacitwear, Inc.. (Dkt. No. 34.) On August 16, 2022, Plaintiff requested that the August 23, 2022 15 case management conference be continued 60 days, and informed the Court that it expected to file 16 a motion for default judgment by October 1, 2022. (Dkt. No. 37 at 2.) 17 On August 22, 2022, the Court continued the case management conference, and Plaintiff 18 was instructed to file the motion for default judgment by October 7, 2022. (Dkt. No. 39.) On 19 October 17, 2022, the Court issued a second order to show cause to Plaintiff and instructed that the 20 response and motion for default judgment be filed by October 26, 2022. (Dkt. No. 39.) Plaintiff 21 responded on December 2, 2022, and asked for an extension of time to file the motion. (Dkt. No. 22 41.) The Court discharged the order to show cause and set a filing deadline of January 19, 2023. 23 (Dkt. No. 42.) Plaintiff timely filed a motion for default judgment, but ultimately withdrew it on 24 February 28, 2023. (Dkt. Nos. 43 & 49.) Plaintiff did not file a renewed motion for default 25 judgment, so, on August 22, 2023, the Court issued a third order to show cause why this case 26 should not be dismissed for failure to prosecute. (Dkt. No. 50.) Plaintiff was ordered to file a 27 response by September 15, 2023, and to either file a renewed motion for default judgment or a 1 On September 15, 2023, Plaintiffs counsel responded to the order to show cause, and 2 || explained that Plaintiffs sole office in the Western United States had closed, and that counsel was 3 unable to obtain the supporting documents necessary to support a motion for default judgment. 4 || (Dkt. No. 51 at 2.) Counsel further represented that he believed Plaintiff was no longer doing 5 business in the United States, and that Defendant Tacitwear, Inc. is a defunct entity and Defendant 6 || M. Todd Boyd was likely judgment proof. /d. at 3. Counsel requested that he be given an 7 additional 30 days to either file a dismissal or a motion to withdraw as counsel. Id. 8 Accordingly, the third order to show cause is DISCHARGED. Within 30 days of this 9 || order, Plaintiff shall either file a voluntary dismissal or counsel shall file a motion to withdraw as 10 || counsel. There will be no further extensions under any circumstances, and Plaintiff is advised that 11 the failure to timely file will result in this case being reassigned to a district judge with the 12 || recommendation that it be dismissed without prejudice for failure to prosecute. 5 13 Finally, Plaintiff's counsel is ordered to provide a copy of this order to his client, who is 14 advised that corporate entities must appear in federal court through a licensed attorney. D-Beam 3 15 Ltd. P'ship v. Roller Derby Skates, Inc.,

, 974 (9th Cir. 2004) (citing Licht v. Am. W. 16 Airlines (In re Am. W. Airlines),

(9th Cir. 1994)). Thus, if current counsel 3 17 successfully withdraws and new counsel does not appear, the case will be subject to dismissal 18 without prejudice. CLE. Pope Equity Tr. v. United States,

(9th Cir. 1987). 19 || ITIS SO ORDERED. 20 Dated: November 9, 2023 .

27 United States Magistrate Judge 23 24 25 26 27 28