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Plusfive Claims, LLC v. 0713401 B.C. Ltd

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 7, 2012

PLUSFIVE CLAIMS, LLC,
PLAINTIFF,
v.
0713401 B.C. LTD, A FOREIGN ENTITY, SHARRIE CUTSHALL, AN INDIVIDUAL, DEFENDANTS.

ORDER

On May 25, 2012, the Court allowed the law firm Greenan Peffer Sallander & Lally LLP ("Greenan Peffer") to withdraw as counsel for 19 Defendants 0713401 B.C. Ltd. and Sharrie Cutshall. ECF No. 70.

The Court permitted Greenan Peffer to withdraw only on the 21 condition that it "continue to forward communications" to Ms. 22 Cutshall and 0713401 B.C. LTD. Id. The Court also ordered Greenan 23 Peffer to send Ms. Cutshall a letter by registered mail, explaining 24 several points to her.

Greenan Peffer sent the letter that same day. ECF No. 72 18 ("May 25 Letter"). The May 25 Letter explained that Greenan Peffer 27 was no longer Ms. Cutshall's lawyer. It explained that Greenan 28 Peffer would forward to Ms. Cutshall all the documents in the case.

It explained that Ms. Cutshall faced an "alter ego" claim, that is, 2 a claim that 0713401 B.C. Ltd. and Ms. Cutshall "are one and the 3 same," with the result that if the Court enters a money judgment 4 against the company, Ms. Cutshall could be held personally 5 responsible for paying the company's debt. The May 25 Letter also 6 informed Ms. Cutshall that the Court had scheduled a trial in this 7 case for September 17, 2012, and that the trial date was 8

Ms. Cutshall of the pretrial conference set for September 7, 2012.

electronic filing system on June 4, 2012. Attached to the filing was a signed return receipt indicating that the letter was accepted at Ms. Cutshall's address on Foothill Drive in Salt Lake City,

Utah. See May 25 Letter at 3.

On September 7, 2012, the Court held the scheduled pretrial conference. Counsel for Plaintiff appeared. Pursuant to an earlier order of the Court, Ms. Cutshall's former counsel, Greenan 18 Peffer, also appeared. Ms. Cutshall did not appear. At the 19 hearing, the Court reviewed the contents of the May 25 Letter. The 20 Court observed that there is nothing in that letter, or any of the 21 other documents sent to Ms. Cutshall, which suggests that any of 22 the dates mentioned in the May 25 Letter had been changed. 23

Cutshall with a return receipt request. The letter shall enclose a 25 copy of this Order. The letter shall inform Ms. Cutshall, once 26 more, of the following: The trial scheduled for September 17, 2012 27 shall occur on that date. It shall begin at 10:00 a.m. in 28

Courtroom One, United States Courthouse, 450 Golden Gate Avenue,

"inflexible and shall not be changed." The letter also informed

Greenan Peffer filed the May 25 Letter in the Court's

court 11

The Court hereby ORDERS Greenan Peffer to send a letter to Ms.

San Francisco, California. At the trial, Ms. Cutshall may 2 represent herself. However, only a lawyer may represent 0713401 3

B.C. Ltd. Therefore, if 0713401 B.C. Ltd. intends to present a 4 defense, it must have an attorney. If Ms. Cutshall does not 5 appear, then the Court will enter default against her. ("Default" 6 means that she loses her case.) If Ms. Cutshall does not appear, 7 or appears without a lawyer to represent 0713401 B.C. Ltd., then 8 the Court also will enter default against 0713401 B.C. Ltd. 9

Finally, if Ms. Cutshall does not appear, then instead of a trial 10 the Court will hold a "prove-up hearing." At the prove-up hearing,

Plaintiff will present evidence and the Court will determine how 12 much Ms. Cutshall is liable for. That amount may include the debts of 0713401 B.C. Ltd. The Court will also rule on the alter-ego issue.

The Court wishes to inform Ms. Cutshall of the existence of the Court's Pro Se Help Desk, which is designed to give information to people who have no lawyer. The Pro Se Help Desk's phone number 18 is (415) 782-9000 x8657. 19 20

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20120907

© 1992-2012 VersusLaw Inc.



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