United States District Court, W.D. Washington, Tacoma
VICTOR SANTACRUZ, LUIS SANTACRUZ, CIRILO MANCINAS LOPEZ, RAYMUNDO MARTINEZ, LUCIA GARCIA, and WILLIAM ALCANTAR, Plaintiffs,
SOUTHBANK DAIRIES, LLC, a Washington Limited Liability Company, and JERRY D. FOSTER, an individual, Defendants.
ORDER ON PLEADING ENTITLED STIPULATION AND PROPOSED
ORDER REGARDING DISCOVERY DEADLINE AND TO TAKE
J. BRYAN United States District Judge.
matter comes before the Court on a pleading filed January 27,
2017 entitled “Stipulation and Proposed Order Regarding
Discovery Deadline and to Take Deposition.” Dkt. 53.
The Court has considered the pleading, the remaining record,
and is fully advised.
March 16, 2016, this case arises from Plaintiffs'
employment at Defendants' dairy farm. Dkt. 1. In their
First Amended Complaint, Plaintiffs assert that they did not
receive all wages due, suffered uncompensated physical
injuries, and experienced racial discrimination. Dkt.
26. Plaintiffs make claims under the Fair Labor
Standards Act, 29 U.S.C. 206, et seq., the Migrant
and Seasonal Agricultural Worker Protection Act, 29 U.S.C.
§ 1802 et seq., and make state law claims under
Washington's wage and hours laws, for discrimination in
violation of Washington's Law Against Discrimination, RCW
49.60, et seq., for breach of contract, and for
fraudulent concealment. Id. Plaintiffs'
“deliberate intent to injure/personal injury”
claims were dismissed. Dkt. 33.
November 30, 2016, Defendants' counsel filed a motion to
withdraw as attorneys of record for the Defendants. Dkt. 44.
Counsel notified the Defendants of the need to comply with
Local Rule W.D. Wash. 83.2(b)(3). Id. The motion was
noted for December 16, 2016. Id.
same day, on November 30, 2016, Defendant Southbank Dairies,
LLC was also notified by the Court that pursuant to Local
Rule W.D. Wash. 83.2(b)(3), it must be represented by
counsel. Dkt. 46. Defendant Southbank Dairies, LLC was
cautioned that it must retain counsel or risk an entry of
default against it as to Plaintiffs' claims. Id.
It was given until December 16, 2016 to secure counsel and
notified that “failure to do so may result in an entry
of default against Southbank Dairies, LLC.”
counsels' motion to withdraw was granted on December 19,
2016. Dkt. 47 To date, no attorney has appeared for Defendant
Southbank Dairies, LLC.
January 27, 2017, the pleading entitled “Stipulation
and Proposed Order Regarding Discovery Deadline and to take
Deposition” was filed. Dkt. 53. This pleading was filed
on behalf of Plaintiffs, through counsel. Id. It
also purports to be filed by “Defendants Southbank
Dairies, LLC and Jerry D. Foster . . . by and through their
undersigned representative.” Id. Defendant
Foster signed this pleading. Id. This pleading
requests an extension of time of the discovery deadline to
February 21, 2017 for the limited purpose of taking the
deposition of Judy Stratton and the Fed.R.Civ.P. 30(b)(6)
deposition of Southbank Dairies, LLC. Id.
Rule W.D. Wash. 83.2(b)(3) provides:
A business entity, except a sole proprietorship, must be
represented by counsel. If the attorney for a business
entity, except a sole proprietorship, is seeking to withdraw,
the attorney shall certify to the court that he or she has
advised the business entity that it is required by law to be
represented by an attorney admitted to practice before this
court and that failure to obtain a replacement attorney by
the date the withdrawal is effective may result in the
dismissal of the business entity's claims for failure to
prosecute and/or entry of default against the business entity
as to any claims of other parties.
motion for default has been filed against Southbank Dairies,
LLC, so it is still an active defendant in this matter. To
date, however, Southbank Dairies, LLC has not retained
counsel. Defendant Foster is not an attorney admitted to
practice before this court. Accordingly, Defendant Foster
cannot represent Southbank Dairies, LLC in any way in this
case, including attempting to file pleadings on its behalf.
result, the January 27, 2017 pleading (Dkt. 53) shall be
construed as a motion for extension of time between
Plaintiffs and Defendant Foster. (It is not a stipulation
because not all parties have endorsed it.) They should be
given their extension of the discovery deadline from ...