District Court, D. Nevada, 2024

Decollibus v. Rubus Management, LLC

Decollibus v. Rubus Management, LLC
District Court, D. Nevada · Decided August 15, 2024
Decollibus v. Rubus Management, LLC

Trial Court Opinion

3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA DANIELLE DECOLLIBUS, individually Case No. 2:23-cv-01552-ART-EJY and on behalf of all others similarly situated, ORDER Plaintiff, 8 v. RUBUS MANAGEMENT, LLC; EMPLOYEE(S)/AGENT(S) DOES 1-10; and ROE CORPORATIONS 11-20, inclusive, Defendants.

14 This Court granted defense counsel’s motion to withdraw on January 30, 2024, and stayed discovery for thirty days to allow Defendant to find new counsel (ECF No. 17), but none has appeared. Defendant is warned that “[c]orporations and other unincorporated associations must appear in court through an attorney.” D-Beam Ltd. Partnership v. Roller Derby Skates, Inc., 366 F.3d 972, 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 defendant can result in entry of default judgment for failure to defend. See LR 77-1(b)(2)(“The clerk must: . . . (2) Enter default for failure to plead or otherwise defend under Fed. R. Civ. P. 55(a)”); Fed. R. Civ. P. 55(a)(“When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.”).

27 // // 1 It is ordered that Defendant’s counsel enter an appearance no later than || August 234, 2024.

4 DATED THIS 15 day of August, 2024.

6 Ares posed dn 7 ANNER TRAUM 8 UNITED STATES DISTRICT JUDGE

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