(PS) Torres v. Taqueria El Taco Naco

United States District Court for the Eastern District of California

(PS) Torres v. Taqueria El Taco Naco

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SERGIO TORRES, Case No. 2:24-cv-01989-DAD-CSK 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 TAQUERIA EL TACO NACO, et al., 15 Defendants. 16 On December 17, 2024, the Court granted Defendant Jorge Garcia’s second 17 motion for an extension of time to obtain legal counsel to represent himself and 18 Defendant Taqueria El Taco Naco.1 (ECF No. 13.) Defendant Garcia was granted 60 19 days from the service of the order to obtain legal representation for himself and 20 Defendant Taqueria El Taco Naco. (Id.) Defendant Taqueria El Taco Naco was also 21 ordered to file a response to the Complaint within 60 days from the date of the Court’s 22 order. (Id.) To date, Defendant Taqueria El Taco Naco has failed to file a response to the 23 Complaint as required by the Court’s December 17, 2024 Order. See Docket. Defendant 24 Taqueria El Taco Naco has also failed to retain counsel, despite being instructed of the 25 requirement and being granted multiple extensions to do so. See Docket. Defendant 26 27 1 This matter proceeds before the undersigned pursuant to

28 U.S.C. § 636

, Fed. R. 28 Civ. P. 72, and Local Rule 302(c). 1 || Garcia, as an individual, is permitted to proceed pro se and has not yet obtained 2 || counsel. See Docket. 3 Defendant Taqueria El Taco Naco is an entity, and as such, must be represented 4 | by an attorney and may not appear in this action without counsel. See E.D. Cal. Local 5 || Rule 183(a) (“A corporation or other entity may appear only by an attorney.”); Caveman 6 || Foods, LLC v. jAnn Payne's Caveman Foods, LLC,

2015 WL 6736801

, at *2 (E.D. Cal. 7 | Nov. 4, 2015) (“While individuals may appear in propria persona, corporations and other 8 || entities may appear only through an attorney; an unrepresented entity cannot file any 9 | pleadings, make or oppose any motions, or present any evidence to contest liability.”). 10 | Defendant Taqueria El Taco Naco is ordered to show cause within thirty (30) days from 11 || the date of this order why default should not be entered against it for failure to respond 12 || to the Complaint and failure to appear in this action. As an entity, Defendant Taqueria El 13 || Taco Naco must be represented by counsel to participate in this action. 14 Accordingly, within thirty (30) days from the date of this order, Defendant Taqueria 15 || El Taco Naco shall show cause in writing why default should not be entered against it for 16 | its failure to respond to the Complaint and failure to appear in this action. After 17 || Defendant Taqueria El Taco Naco retains counsel, its counsel shall immediately file a 18 | notice of appearance and a written response to this order to show cause, no later than 19 | within thirty (30) days of this order. 20 21 | Dated: May 27, 2025 C i s 22 CHI SOO KIM 93 UNITED STATES MAGISTRATE JUDGE 24 || 4, torre1989.24 25 26 27 28

Reference

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