Gao v. L&L Supplies, Inc.

Background

The order concerns representation of the defendants, the case schedule, and requests made during a hearing. Mohammad Gangat moved to withdraw as attorney for the defendants in Docket Nos. 33 and 37. The order does not decide the merits of the claims in the complaint.

Rulings on representation and default

The court granted Mr. Gangat’s motions to withdraw and directed the Clerk to terminate his appearance. Mr. Gangat was also directed to transmit a copy of his file to the defendants.

Defendants Youpeng Li and Susan Liang were directed to proceed without attorneys. The Clerk was directed to place their email address on the docket: houseprofessional2020@gmail.com.

Because L&L Supplies, Inc. had no attorney and did not plan to obtain one, the court deemed the corporation to be in default. The order cited the rule that a corporation may not appear in a lawsuit except through an attorney. The order did not state that a default judgment had been entered.

Other motions and scheduling

The court denied as moot Mr. Gangat’s motion to adjourn the conference in Docket No. 43.

The existing discovery schedule was modified so that all discovery must be completed by October 11, 2023. Any motion for summary judgment was required to be returnable before Judge Rochon, follow her Individual Practices, and be filed by October 25, 2023.

Ms. Liang’s proposed dismissal request

Regarding Ms. Liang’s request to dismiss the case in Docket No. 41, the court stated that she was free to file a motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure. Any such motion must be returnable before Judge Rochon and comply with her Individual Practices.

The court said Ms. Liang’s existing letter did not satisfy the requirements for such a motion because it referred to facts outside the complaint. The court stated that the letter would have to be summarily denied if treated as the motion.

Directions to plaintiff’s attorney

The court directed plaintiff’s attorney, David Stein, to email a copy of the order to the defendants promptly. Mr. Stein was also directed to provide the defendants with copies of the complaint, the answer, and any discovery disclosures already made.

Disposition and classification

This was a procedural order. It granted the attorney-withdrawal motions, denied the adjournment motion as moot, deemed L&L Supplies, Inc. to be in default, modified deadlines, and described a possible future pleading-based motion. It did not reach the merits of the parties’ underlying claims.