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COPPOLA v. PROULX, 3:11-CV-0074-LRH (VPC). (2012)

Court: District Court, D. Nevada Number: infdco20120306d29 Visitors: 8
Filed: Mar. 06, 2012
Latest Update: Mar. 06, 2012
Summary: MINUTES OF THE COURT VALERIE P. COOKE, Magistrate Judge. MINUTE ORDER IN CHAMBERS: Before the court is plaintiffs' motion to represent Coppola Enterprises, LLC by managing member (#82). Defendants opposed the motion (#83), and plaintiff replied (#85). Plaintiff is advised that a party may not proceed without counsel on behalf of artificial entities. 28 U.S.C. 1654. It is well established that a corporation may appear in federal court only through a licensed attorney. E.g., United States
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MINUTES OF THE COURT

VALERIE P. COOKE, Magistrate Judge.

MINUTE ORDER IN CHAMBERS:

Before the court is plaintiffs' motion to represent Coppola Enterprises, LLC by managing member (#82). Defendants opposed the motion (#83), and plaintiff replied (#85).

Plaintiff is advised that a party may not proceed without counsel on behalf of artificial entities. 28 U.S.C. § 1654. It is well established that a corporation may appear in federal court only through a licensed attorney. E.g., United States v. High Country Broad Co., 3 F.3d 1244, 1245 (9th Cir. 1993). "Corporations and other unincorporated associations must appear in court through an attorney." In re America W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (citations omitted). This rule "prohibits pro se plaintiffs from pursuing claims on behalf of others in a representative capacity." Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008); see also C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (trustee may not appear pro se because he is not the person who by substantive law has the right sought to be enforced).

Therefore, plaintiff's motion to represent Coppola Enterprises, LLC by managing member (#82) is DENIED. The plaintiff shall file a substitution of counsel on or before Friday, March 30, 2012. Plaintiffs' third motion for summary judgment (#84) filed by Mr. Coppola pro se on behalf of Coppola Enterprises, LLC is hereby STRICKEN without prejudice. Mr. Coppola shall have leave to refile this motion on behalf of himself only, not on behalf of Coppola Enterprises, LLC. If plaintiff fails to file a substitution on behalf of the LLC, this court will sua sponte issue a report and recommendation to the District Court that Coppola Enterprises, LLC be dismissed on this ground.

IT IS SO ORDERED.

Source:  Leagle

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