King v. Clear and Strategic LLC

• Court: District Court, S.D. California
• Decided: July 3, 2025
• Docket: 3:25-cv-00508
• Status: Unknown

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 KRIS KING, Case No. 25-cv-00508-MMA-DEB

11 Plaintiff, ORDER REQUIRING 12 v. COMPLIANCE WITH CIVIL LOCAL RULE 83.3(j) 13 CLEAR AND STRATEGIC LLC, 14 Defendant. [Doc. No. 5] 15 16 On March 5, 2025, Plaintiff Kris King filed his Complaint. Doc. No. 1. On June 17 30, 2025, Jermaine McNeil appeared to file an Answer to the Complaint on behalf of 18 Defendant Clear and Strategic LLC (“Clear and Strategic”). Doc. No. 5. 19 Under Civil Local Rule 83.3(j), only individuals may appear in court without 20 counsel. Business entities, including limited liability companies, must be represented by 21 an attorney admitted to practice pursuant to Civil Local Rule 83.3. See id. (“Only natural 22 persons representing their individual interests in propria persona may appear in court 23 without representation by an attorney permitted to practice pursuant to Civil Local Rule 24 83.3. All other parties, including corporations, partnerships and other legal entities, may 25 appear in court only through an attorney permitted to practice pursuant to Civil Local 26 Rule 83.3.”); see also C.E. Pope Equity Tr. V. U.S., 818 F.2d 696, 697 (9th Cir. 1987) 27 (“Although a non-attorney may appear in propria persona in his own behalf, that privilege 28 1 is personal to him. He has no authority to appear as an attorney for others than himself.”) 2 (internal citations omitted). 3 Pursuant to the Civil Local Rules, Mr. McNeil cannot represent the legal interests 4 of Clear and Strategic in this action, as Clear and Strategic is a limited liability company 5 and there is no indication that Mr. McNeil is a licensed attorney.1 See Civ.L.R. 83.3(j); 6 see also C.E. Pope Equity Tr. V. U.S., 818 F.2d at 697. Thus, the Answer filed by Mr. 7 McNeil on behalf of Clear and Strategic LLC on June 30, 2025 does not comply with the 8 rules; the Clerk is therefore DIRECTED to strike it from the docket as noncompliant. 9 See Civ.L.R. 83.3(j). 10 Accordingly, pursuant to Civil Local Rule 83.3(j), Clear and Strategic may appear 11 in court only through an attorney. Clear and Strategic is advised that failure to retain 12 counsel risks default judgment. See Arco Env't Remediation, L.L.C. v. RDM Multi- 13 Enters., Inc., 166 F. App’x 929, 930 (9th Cir. 2006) (citing U.S. v. High Country 14 Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993)); Crandall v. Semillon Inc., 15 No. 15CV1257-GPC(NLS), 2016 WL 4479397, at *2 (S.D. Cal. Aug. 25, 2016) (“When 16 a corporation fails to retain counsel to represent it in an action, its answer may be stricken 17 and a default judgment entered against it.”); Fed. R. Civ. P. 55(a). 18 IT IS SO ORDERED. 19 Dated: July 3, 2025 20 _____________________________ 21 HON. MICHAEL M. ANELLO United States District Judge 22

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27 1 A letter was sent to the court, which was stricken from the docket, which represented that Mr. McNeil 28