Bank of America, N.A. v. Silver Terrace II Landscape Maintenance Association

• Court: District Court, D. Nevada
• Decided: November 22, 2019
• Docket: 3:16-cv-00714
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

BANK OF AMERICA, N.A., ) 3:16-cv-00714-MMD-WGC ) Plaintiff, ) MINUTES OF THE COURT vs. ) ) November 22, 2019 SILVER TERRACE II LANDSCAPE ) MAINTENANCE ASSOCIATION, ) RAVENSTAR INVESTMENTS, LLC, ) RONALD L. BRANDON, PHIL FRINK ) & ASSOCIATES, INC., GAYLE A. KERN, ) LTD. dba KERN & ASSOCIATES, LTD., ) ) Defendants. ) ____________________________________ ) PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE DEPUTY CLERK: KAREN WALKER REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Before the court is the motion of Kevin A. Darby, Esq., of Darby Law Practice, Ltd., to withdraw as counsel for Defendant Ravenstar Investments, LLC (ECF No. 101). No timely response has been filed. Therefore, counsel's motion (ECF No. 101) is GRANTED.

Although 28 U.S.C. § 1654 allows “parties” to “plead and conduct their own cases personally,” the statute has not been interpreted to allow corporate entities to do so. “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).

/// MINUTES OF THE COURT 3:16-cv-00714-MMD-WGC November 22, 2019 Page Two

As Judge Hicks noted in HDR Insurance Managers, LLC v. Summit Insurance Services, Inc., No. 2:09-cv-0380-LRH-GWF (D. Nev. 2011),

It is well recognized that a corporation may only appear in federal court through licensed counsel. See e.g., Rowland v. California 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).

IT IS HEREBY ORDERED that Defendant Ravenstar Investments, LLC, shall file a substitution of counsel within thirty (30) days of this order, i.e., on or before Friday, January 3, 2020.

IT IS FURTHER ORDERED that a copy of this order and all documents filed until Defendant Ravenstar Investments, LLC, obtains counsel shall be served on Ravenstar Investments, LLC, via regular mail at the following address:

Ravenstar Investments, LLC Attn: Ronald Brandon Post Office Box 7752 Reno, Nevada 89510

IT IS SO ORDERED.

DEBRA K. KEMPI, CLERK

By: /s/______________________ Deputy Clerk