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Net-Com Servs., Inc v. Eupen Cable Usa

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 28, 2013

NET-COM SERVS., INC., PLAINTIFF,
v.
EUPEN CABLE USA, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jesus G. Bernal United States District Judge

ORDER (1) DISMISSING FOURTH AMENDED COMPLAINT WITHOUT PREJUDICE; (2) STRIKING DEFENDANTS' MOTION TO DISMISS AS MOOT (DOC. NO. 164); AND (3) VACATING THE MARCH 11, 2013 HEARING

On February 8, 2011, Net-Com Services, Inc. filed this action against Eupen Cable USA, Inc.; Kabelwerk Eupen AG; and Charles Roper in the California Superior Court for the County of Los Angeles. (See Not. of Removal, Ex. A (Doc. No. 1).) Defendants removed the action on March 25, 2011. (Id.)

On December 12, 2012, Plaintiff's counsel filed a motion to withdraw as counsel of record. (Doc. No. 151.) On January 24, 2013, Defendants filed a motion to dismiss Plaintiff's Fourth Amended Complaint. (Doc. No. 164.)

The Court granted Plaintiff's counsel's motion for leave to withdraw on January 28, 2013. (Doc. No. 167.) In that Order, the Court stated, "[a]s a 'corporation . . . may not appear in any action or proceeding pro se' (Local R. 83-2.10.1), Plaintiff shall retain new counsel by February 27, 2013. If Plaintiff does not retain counsel by this date, this action shall be subject to dismissal." (Order Granting Motion for Leave to Withdraw at 2.)

Since the Court's Order, the Court has received no indication that Plaintiff has retained new counsel. Thus, the Court dismisses Plaintiff's Fourth Amended Complaint without prejudice.

IV. CONCLUSION

For the foregoing reasons, the Court

(1) DISMISSES Plaintiff's Fourth Amended Complaint, WITHOUT PREJUDICE;

(2) STRIKES Defendants' Motion to Dismiss (Doc. No. 164) as moot; and

(3) VACATES the hearing set for the Motion to Dismiss on March 11, 2013.

20130228

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