Carlson v. Clapper
- Virginia Demarchi
- 5:18-cv-07195-VKD
- U.S. District Court · Northern District of California
- 2
In Carlson Produce v. Rock Clapper, Judge Demarchi stayed the action for 30 days so Clapper and ScanX could obtain counsel.
Carlson Produce, LLC, Rock Clapper, and ScanX, Inc.; the stay primarily affected the defendants’ ability to proceed while seeking counsel.
What happened
Carlson Produce, LLC v. Rock Clapper, et al. involved defendant Rock Clapper’s request for more time to obtain a new lawyer for himself and ScanX, Inc. Clapper appeared without a lawyer at a March 10, 2020 case-management conference and said he hoped to obtain counsel within 30 days.
The court stayed the action through April 9, 2020, giving Clapper and ScanX one more opportunity to obtain counsel. The court explained that ScanX, as a corporation, could not defend itself without a licensed lawyer, although Clapper could represent himself. Clapper had to file a notice by April 10 reporting the results of his efforts.
Judge Virginia K. Demarchi entered the order staying the action. The order addressed counsel and case administration; it did not decide the underlying claims.
The detailed version
- Carlson v. Clapper · No. 5:18-cv-07195-VKD
- Virginia Demarchi
- Mar. 10, 2020
Background
At a further case-management conference on March 10, 2020, defendant Rock Clapper appeared without a lawyer. He said he was in the process of obtaining new counsel for himself and defendant ScanX, Inc., and hoped to do so within 30 days.
Court’s action
The court stayed the action through April 9, 2020, to give Clapper and ScanX one more opportunity to obtain counsel. It required Clapper to file a notice no later than April 10, 2020, advising the court of the results of his efforts.
The court reminded Clapper that ScanX, as a corporation, could not defend itself without licensed counsel. Clapper could represent himself, but he could not represent ScanX. The court also provided information about the Federal Pro Se Program and other resources for people representing themselves.
Disposition and significance
The order stayed the action for 30 days. It was an administrative and representation-related order, not a ruling on the merits of Carlson Produce’s claims or the defendants’ defenses.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.