Terra Libre Land Trust v. Wells Fargo Bank NA

W.D. Washington

Terra Libre Land Trust v. Wells Fargo Bank NA

DecidedMarch 22, 2023

Docket3:23-cv-05135

StatusUnknown

This text of Terra Libre Land Trust v. Wells Fargo Bank NA (Terra Libre Land Trust v. Wells Fargo Bank NA) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Terra Libre Land Trust v. Wells Fargo Bank NA, (W.D. Wash. 2023).

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 TERRA LIBRE LAND TRUST, et al. CASE NO. 3:23-cv-05135-DGE 11 Plaintiffs, ORDER 12 v. 13 WELLS FARGO BANK NA, et al. 14 Defendants. 15

16 This matter is before the Court on its own motion following its review of the complaint in 17 this matter. (Dkt. No. 4.) The complaint is exceedingly difficult to follow, but its efficacy is not 18 yet at issue. Plaintiff appears to be “Terra Libre Land Trust On Behalf of Goulet Property Estate 19 Sterling Jay Shaw, Agent-Trustee.” (Dkt. No. 4 at 1.) The complaint also lists as “Petitioner” 20 the “Prairie Star National Trust.” (Dkt. No. 4 at 29.) 21 Plaintiffs are trusts, which are artificial entities. An artificial entity cannot represent itself 22 pro se in court and must appear only through licensed counsel. Rowland v. California Men's 23 Colony, 506 U.S. 194 (1993); see also LCR 83.2(b)(4). “Unincorporated associations, like 24 1 corporations, must appear through an attorney[.]” Church of the New Testament v. United States, 2 783 F.2d 771, 773 (9th Cir. 1986). Accordingly, “[a] trustee cannot act in a pro se capacity in a 3 judicial proceeding involving the trust for which he serves as a fiduciary.” United States v. 4 Haines, No. C13-5082 BHS, 2013 WL 6406952, at *1 (W.D. Wash. Sept. 27, 2013).

5 As neither Terra Libre Land Trust nor Prairie Star National Trust are represented by 6 counsel, Plaintiffs are ORDERED to obtain counsel within 45 days of this order, or the matter 7 will be dismissed without prejudice, without further notice. 8 9 Dated this 22nd day of March, 2023. 10 A 11 David G. Estudillo 12 United States District Judge 13

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 TERRA LIBRE LAND TRUST, et al. CASE NO. 3:23-cv-05135-DGE 11 Plaintiffs, ORDER 12 v. 13 WELLS FARGO BANK NA, et al. 14 Defendants. 15

16 This matter is before the Court on its own motion following its review of the complaint in 17 this matter. (Dkt. No. 4.) The complaint is exceedingly difficult to follow, but its efficacy is not 18 yet at issue. Plaintiff appears to be “Terra Libre Land Trust On Behalf of Goulet Property Estate 19 Sterling Jay Shaw, Agent-Trustee.” (Dkt. No. 4 at 1.) The complaint also lists as “Petitioner” 20 the “Prairie Star National Trust.” (Dkt. No. 4 at 29.) 21 Plaintiffs are trusts, which are artificial entities. An artificial entity cannot represent itself 22 pro se in court and must appear only through licensed counsel. Rowland v. California Men's 23 Colony, 506 U.S. 194 (1993); see also LCR 83.2(b)(4). “Unincorporated associations, like 24 1 corporations, must appear through an attorney[.]” Church of the New Testament v. United States, 2 783 F.2d 771, 773 (9th Cir. 1986). Accordingly, “[a] trustee cannot act in a pro se capacity in a 3 judicial proceeding involving the trust for which he serves as a fiduciary.” United States v. 4 Haines, No. C13-5082 BHS, 2013 WL 6406952, at *1 (W.D. Wash. Sept. 27, 2013).

5 As neither Terra Libre Land Trust nor Prairie Star National Trust are represented by 6 counsel, Plaintiffs are ORDERED to obtain counsel within 45 days of this order, or the matter 7 will be dismissed without prejudice, without further notice. 8 9 Dated this 22nd day of March, 2023. 10 A 11 David G. Estudillo 12 United States District Judge 13

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