P.H. International Trading Co. v. Christia Confezioni S.P.A.

Seventh Circuit

P.H. International Trading Co. v. Christia Confezioni S.P.A.

371 F. App'x 672

CourtCourt of Appeals for the Seventh Circuit

DecidedApril 14, 2010

Docket09-3519

StatusUnpublished

This text of 371 F. App'x 672 (P.H. International Trading Co. v. Christia Confezioni S.P.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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P.H. International Trading Co. v. Christia Confezioni S.P.A., 371 F. App'x 672 (7th Cir. 2010).

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Opinion

ORDER

P.H. International Trading Company, doing business as Hana K. Fashions (“Hana K”), is a New York corporation. Hana K., a coat boutique in the Chicago area owned by Hana and Pierre Lang, was *673 unsuccessful in its breach-of-contract suit against Christia Confezioni S.p.A. (“Chris-tia”), an Italian manufacturer of high-end clothing. The Langs’ subsequent pro se motion under Federal Rule of Civil Procedure 60(b) to challenge the final judgment was also unsuccessful, and they appeal. Because the Langs — -as pro se litigants— may not represent Hana K. in federal court, we dismiss the appeal.

This case arose from a contract suit that Hana K. filed in 2003 against Christia; FBLGINC Corporation, a Canadian coat distributor with whom Christia entered a contract in 2002; and FBLG Incorporated, a Delaware corporation that does Internet marketing. After the district court applied Italian law and granted summary judgment for the defendants, Hana K. moved, unsuccessfully, to vacate the ruling. Hana K.’s subsequent appeal to this court was dismissed for lack of prosecution. See CiR. R. 31(c)(2); P.H. Int’l Trading Co. v. Christia Confezioni S.p.A, et al., No. 07-3690 (7th Cir. June 17, 2008).

In September 2009, Hana and Pierre Lang, now proceeding pro se on behalf of Hana K., moved the district court under Rule 60 to vacate summary judgment based on “new” evidence of Italian law. The court treated the motion as one under Rule 60(b)(2) and denied it, finding that the evidence had been previously available and that the motion was untimely. The Langs then filed a motion to reconsider under Rule 60(b)(6), offering the same information presented in their previous Rule 60 motion; this motion was also denied.

On appeal the Langs reassert in general terms that the district court has erred throughout these proceedings by ignoring the applicable Italian law. The Langs, however, may not represent Hana K. in a legal capacity; only a lawyer may litigate in federal court on behalf of a corporation. See United States v. Hagerman, 545 F.3d 579, 581 (7th Cir.2008); Old Ben Coal Co. v. Offiee of Workers’ Compensation Programs, 476 F.3d 418, 418-19 (7th Cir.2007). Accordingly, we must DISMISS this appeal.

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ORDER

P.H. International Trading Company, doing business as Hana K. Fashions (“Hana K”), is a New York corporation. Hana K., a coat boutique in the Chicago area owned by Hana and Pierre Lang, was *673 unsuccessful in its breach-of-contract suit against Christia Confezioni S.p.A. (“Chris-tia”), an Italian manufacturer of high-end clothing. The Langs’ subsequent pro se motion under Federal Rule of Civil Procedure 60(b) to challenge the final judgment was also unsuccessful, and they appeal. Because the Langs — -as pro se litigants— may not represent Hana K. in federal court, we dismiss the appeal.

This case arose from a contract suit that Hana K. filed in 2003 against Christia; FBLGINC Corporation, a Canadian coat distributor with whom Christia entered a contract in 2002; and FBLG Incorporated, a Delaware corporation that does Internet marketing. After the district court applied Italian law and granted summary judgment for the defendants, Hana K. moved, unsuccessfully, to vacate the ruling. Hana K.’s subsequent appeal to this court was dismissed for lack of prosecution. See CiR. R. 31(c)(2); P.H. Int’l Trading Co. v. Christia Confezioni S.p.A, et al., No. 07-3690 (7th Cir. June 17, 2008).

In September 2009, Hana and Pierre Lang, now proceeding pro se on behalf of Hana K., moved the district court under Rule 60 to vacate summary judgment based on “new” evidence of Italian law. The court treated the motion as one under Rule 60(b)(2) and denied it, finding that the evidence had been previously available and that the motion was untimely. The Langs then filed a motion to reconsider under Rule 60(b)(6), offering the same information presented in their previous Rule 60 motion; this motion was also denied.

On appeal the Langs reassert in general terms that the district court has erred throughout these proceedings by ignoring the applicable Italian law. The Langs, however, may not represent Hana K. in a legal capacity; only a lawyer may litigate in federal court on behalf of a corporation. See United States v. Hagerman, 545 F.3d 579, 581 (7th Cir.2008); Old Ben Coal Co. v. Offiee of Workers’ Compensation Programs, 476 F.3d 418, 418-19 (7th Cir.2007). Accordingly, we must DISMISS this appeal.

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371 F. App'x 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ph-international-trading-co-v-christia-confezioni-spa-ca7-2010.

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