(PS) Atlas Lifting & Rigging, LLC v. Berner

Opinion

Atlas Lifting & Rigging, LLC, No. 2:23-cv-00808-KJM-AC Plaintiff, ORDER Vv. Trevor Berner et al., 1S Defendants. In this diversity action, plaintiff Atlas Lifting & Rigging, LLC (“Atlas”) brings several state law claims against defendants Trevor Berner and Synergy Marketing & Sales, Inc. (“Synergy”). See Compl., ECF No. 1. Berner has appeared in this action and is proceeding pro se. See Answer, ECF No. 6. Synergy has not appeared. A corporation or other entity may not appear without an attorney. D-Beam Ltd. P’ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004); see E.D. Cal. L.R. 183(a). However, a sole proprietorship may be represented in pro per by its owner. Sharemaster v. U.S. Sec. & Exch. Comm’n, 847 F.3d 1059, 1066 & n.4 (9th Cir. 2017). In this action, Synergy is identified as a corporation, “Synergy Marketing & Sales, Inc.,” Compl. 9/3. Though Atlas alleges Synergy has been suspended since 2017, id. 4 3, Atlas also alleges Berner is doing business as “Synergy Marketing & Sales, LLC,” id. § 21, and also alleges,

inconsistently, that Synergy is a sole proprietorship with “Berner [] believed to be a sole proprietor doing business as Synergy,” id. ¶ 10. Within 21 days, the parties shall meet and confer and file a joint statement clarifying their respective positions or joint position regarding whether Synergy is a corporation or a sole proprietorship. If Synergy is a sole proprietorship, the joint statement shall clarify whether Berner will be representing Synergy in pro per in his capacity as the sole proprietor. If Synergy is a corporation, the joint statement shall propose a date by which Synergy must obtain counsel. Failure to obtain counsel as a corporate entity may subject Synergy to the entry of default and default judgment against it. See Caveman Foods, LLC v. jAnn Payne’s Caveman Foods, LLC, No. 12-1112, 2015 WL 6736801, at *2 (E.D. Cal. Nov. 4, 2015). DATED: August 30, 2023.