Liu v. Bank of America, N.A.

N.D. California

Liu v. Bank of America, N.A.

DecidedMay 28, 2024

Docket4:23-cv-05211

StatusUnknown

This text of Liu v. Bank of America, N.A. (Liu v. Bank of America, N.A.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Liu v. Bank of America, N.A., (N.D. Cal. 2024).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SHIN-LIN LIU, Case No. 23-cv-05211-JSW

8 Plaintiff, ORDER CONTINUING CASE 9 v. MANAGEMENT CONFERENCE

10 BANK OF AMERICA, N.A., Re: Dkt. No. 30 Defendant. 11

12 13 The Court has received a letter from Shin-Lin Liu regarding legal representation. 14 Defendant moved to strike the Complaint on the basis that a limited liability company (“LLC”) is 15 the real party in interest. Based on the allegations, the Court agreed but deferred ruling on 16 Defendant’s motion to strike the Complaint because “[t]he court may not dismiss an action for 17 failure to prosecute in the name of the real party in interest until, after an objection, a reasonable 18 time has been allowed for the real party in interest to ratify, join, or be substituted into the action. 19 After ratification, joinder, or substitution, the action proceeds as if it had been originally 20 commenced by the real party in interest.” Fed. R. Civ. P. 17(a)(3). “A proper ratification pursuant 21 to Rule 17(a) requires the ratifying party to: 1) authorize continuation of the action; and 2) agree to 22 be bound by the lawsuit’s result.” Mutuelles Unies v. Kroll & Linstrom, 957 F.2d 707, 712 (9th 23 Cir. 1992) (citing ICON Group, Inc. v. Mahogany Run Dev. Corp., 829 F.2d 473, 478 (3rd Cir. 24 1987)). 25 In his most recent letter, Mr. Shin stated that the Federal Pro Bono Project determined he 26 was not eligible for their services, which had been communicated to the Court. He also states that 27 to date, he has been unable to locate counsel. ] to August 30, 2024. In the interim, Mr. Liu shall file a status report on or before July 31, 2024 2 || that addresses whether he has been able to locate counsel or has obtained a proper ratification from 3 || the LLC to proceed with this action. 4 IT IS SO ORDERED. 5 || Dated: May 28, 2024 fy Ate 6 \ IR 5 JEFFREY) / WHIT 7 United spies Distry#t Judge 8 / 9 10 1] as 12

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SHIN-LIN LIU, Case No. 23-cv-05211-JSW

8 Plaintiff, ORDER CONTINUING CASE 9 v. MANAGEMENT CONFERENCE

10 BANK OF AMERICA, N.A., Re: Dkt. No. 30 Defendant. 11

12 13 The Court has received a letter from Shin-Lin Liu regarding legal representation. 14 Defendant moved to strike the Complaint on the basis that a limited liability company (“LLC”) is 15 the real party in interest. Based on the allegations, the Court agreed but deferred ruling on 16 Defendant’s motion to strike the Complaint because “[t]he court may not dismiss an action for 17 failure to prosecute in the name of the real party in interest until, after an objection, a reasonable 18 time has been allowed for the real party in interest to ratify, join, or be substituted into the action. 19 After ratification, joinder, or substitution, the action proceeds as if it had been originally 20 commenced by the real party in interest.” Fed. R. Civ. P. 17(a)(3). “A proper ratification pursuant 21 to Rule 17(a) requires the ratifying party to: 1) authorize continuation of the action; and 2) agree to 22 be bound by the lawsuit’s result.” Mutuelles Unies v. Kroll & Linstrom, 957 F.2d 707, 712 (9th 23 Cir. 1992) (citing ICON Group, Inc. v. Mahogany Run Dev. Corp., 829 F.2d 473, 478 (3rd Cir. 24 1987)). 25 In his most recent letter, Mr. Shin stated that the Federal Pro Bono Project determined he 26 was not eligible for their services, which had been communicated to the Court. He also states that 27 to date, he has been unable to locate counsel. ] to August 30, 2024. In the interim, Mr. Liu shall file a status report on or before July 31, 2024 2 || that addresses whether he has been able to locate counsel or has obtained a proper ratification from 3 || the LLC to proceed with this action. 4 IT IS SO ORDERED. 5 || Dated: May 28, 2024 fy Ate 6 \ IR 5 JEFFREY) / WHIT 7 United spies Distry#t Judge 8 / 9 10 1] as 12

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