United States District Court, E.D. Pennsylvania
an employment discrimination case. Plaintiff Nafisah Williams
alleged that her former employer, defendant Advanced Urgent
Care of City Line LLC, violated 42 U.S.C. § 1981 and
Pennsylvania state law when it discriminated against her
based on her race and retaliated against her for her
opposition to the discrimination. Pursuant to the Order dated
February 29, 2016, the Clerk of Court entered a default
against defendant for failure to retain counsel. By
Memorandum and Order dated August 25, 2016, the Court entered
default judgment in favor of plaintiff and against defendant
in the amount of $107, 904 in back pay, compensatory damages,
and punitive damages. By Memorandum and Order dated February
9, 2017, the Court denied defendant's Motion to Vacate on
the grounds that defendant's culpable conduct led to the
default and default judgment and alternative sanctions would
before the Court are two documents filed by Dr. Mehdi
Nikparvar, defendant's owner, entitled “Defendant
Pro SE emergency Motion for reconsideration of the order
dated February 9 2017” [sic] (“Dr.
Nikparvar's Motion for Reconsideration”) (Document
No. 70, filed Mar. 2, 2017) and “Defendant and DR Mehdi
Nikparvar response to plaintiff request dated March 3,
2017” [sic] (“Dr. Nikparvar's Reply”)
(Document No. 74, filed Mar. 6, 2017). Dr. Nikparvar is not a
party to this action in his individual capacity.
questions raised at this juncture by these two documents are
whether Dr. Nikparvar may intervene in this action as of
right and whether he may move for reconsideration of the
Court's Order dated February 9, 2017. For the reasons
discussed below, the Court denies the motion to intervene as
of right contained in Dr. Nikparvar's Reply and denies
Dr. Nikparvar's Motion for Reconsideration.
facts of this case have been previously set forth in the
Memorandum and Order dated August 25, 2016, and the
Memorandum and Order dated February 9, 2017. The Court
repeats only those facts necessary to resolve the issues
presently before the Court.
filed her Complaint on November 5, 2014. Defendant's
then-counsel, Arsen Kashkashian, filed an Answer on December
31, 2014. Mr. Kashkashian moved to withdraw as counsel on
September 9, 2015, citing Dr. Nikparvar's
“fail[ure] to cooperate in the discovery process”
and defendant's discharge of Mr. Kaskkashian as counsel.
Mot. of Counsel for Def. (Document No. 17); Mem. Supp. Mot.
of Counsel for Def. ¶¶ 7-13. The Court held a
hearing on the Motion to Withdraw on November 13, 2015, and
granted the Motion by Order issued on that date. Dr.
Nikparvar attended the hearing, and he was informed by the
The Motion for Leave to Withdraw sets forth valid grounds for
withdrawing as counsel. So absent a change of position, and
it would have to be the doctor's [Nikparvar's] change
of position, that Motion will be granted. That leaves
Advanced Urgent Care without an attorney. As a corporation,
it cannot be represented by someone who is not an attorney,
so the doctor will have to retain counsel.
Nov. 13, 2015, Hr'g Tr., at 4:19-25. The Court further
I'm going to grant Mr. Kashkashian's Motion for Leave
to Withdraw and give you [Dr. Nikparvar] 30 days to retain
counsel and provide that the attorney must enter his
appearance within the 30-day period. And if you need more
time, you'll write to me. You can't just ignore this.
Nov. 13, 2015, Hr'g Tr., at 8:11-16.
Order dated November 13, 2015, required defendant to obtain
new counsel within thirty days and provided that defendant
could request an extension of time by writing to the Court. A
copy of that Order was mailed to defendant. Although Dr.
Nikparvar is not a party to this action in his individual
capacity, a copy of that Order was also mailed to Dr.
Nikparvar as a courtesy.
Order dated December 11, 2015, the Court granted Dr.
Nikparvar's request for a 45 day extension of the time-to
January 25, 2016-by which to retain new counsel.
Notwithstanding the extension of time, no appearance was
entered on behalf of defendant, and neither Dr. Nikparvar nor
any other representative of defendant requested an extension
of time by which to retain new counsel. Nevertheless, by
Order dated February 3, 2016, the Court sua sponte
extended the deadline for new counsel to enter an appearance
for defendant to February 23, 2016. Copies of that Order were
served on defendant and Dr. Nikparvar.
Nikparvar failed to arrange for an entry of appearance for
defendant in accordance with the Order dated February 3,
2016. As a consequence, by Order dated February 29, 2016, the
Court ordered the Clerk of Court to enter a default against
defendant for failure to retain counsel. This was done ...