8 Mine, LLC v. The Eljen Group, LLC

• Court: District Court, D. Nevada
• Decided: February 3, 2021
• Docket: 3:18-cv-00104
• Status: Unknown

Opinion

6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7

8 NO. 8 MINE, LLC, 3:18-cv-00104-WGC

9 Plaintiff, ORDER

10 v. Re: ECF No. 188

11 THE ELJEN GROUP, LLC, et al.,

12 Defendants.

13 Before the court is the motion of Mitchell Posin, Esq., who is counsel for Plaintiff No. 8 14 Mine, LLC, and Counter Defendant/Third Party Defendant David Tackett, to withdraw as counsel 15 (ECF No. 188). Counsel’s motion was served on Plaintiff No. 8 Mine, LLC, and Counter 16 Defendant/Third Party Defendant David Tackett on January 4, 2021. (ECF No. 193 at 2.) No 17 timely response has been filed. Therefore, counsel’s motion (ECF No. 188) is GRANTED. 18 Although 28 U.S.C. § 1654 allows “parties” to “plead and conduct their own cases 19 personally,” the statute has not been interpreted to allow corporate entities to do so. “Corporations 20 and other unincorporated associations must appear in court through an attorney.” In re America 21 W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (citations omitted). This rule 22 “prohibits pro se plaintiffs from pursuing claims on behalf of others in a representative capacity.” 23 Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008); see also C.E. Pope Equity 1 Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (trustee may not appear pro se because 2 he is not the person who by substantive law has the right sought to be enforced). 3 As Judge Hicks noted in HDR Insurance Managers, LLC v. Summit Insurance Services, 4 Inc., No. 2:09-cv-0380-LRH-GWF (D. Nev. 2011),

5 It is well recognized that a corporation may only appear in federal court through licensed counsel. See e.g., Rowland v. California 6 Mens Colony, Unit II Mens’ Advisory Council, 506 U.S. 194, 200- 201 (1983); In re Highley, 459 F.3d 554, 555 (9th Cir. 1972). 7 IT IS HEREBY ORDERED that Plaintiff No. 8 Mine, LLC, shall file a substitution of 8 counsel within thirty (30) days of this order, i.e., on or before Monday, March 8, 2021. No. 8 9 Mine, LLC, should be aware that if it fails to timely secure replacement counsel, its participation 10 in this case may be terminated. 11 IT IS FURTHER ORDERED that a copy of this order and all documents filed until 12 Plaintiff No. 8 Mine, LLC, obtains counsel shall be served on Plaintiff No. 8 Mine, LLC, and 13 Counter Defendant/Third Party Defendant David Tackett, via regular mail at the following 14 addresses: 15

16 No. 8 Mine, LLC 2711 E. Lakin Drive, #2 17 Flagstaff, AZ 86004

18 David Tackett 2711 E. Lakin Drive, #2 19 Flagstaff, AZ 86004

20 DATED: February 3, 2021. 21 _________________________________ 22 William G. Cobb United States Magistrate Judge 23