Natural Fashions, Inc. v. Best of Kashmir , 696 F. App'x 260 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NATURAL FASHIONS, INC., a California No. 16-15825
corporation,
D.C. No. 2:15-cv-00033-MCE-
Plaintiff-Appellee, CMK
v.
MEMORANDUM*
BEST OF KASHMIR, AKA BOK, AKA
BOK Style; et al.,
Defendants-Appellants.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Appellants Shah Nawaz Farash, Shanu, and Best of Kashmir appeal pro se
from the district court’s order denying their motion to set aside entry of default in
this copyright infringement action. We have jurisdiction under 28 U.S.C. § 1291.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We review for an abuse of discretion the district court’s denial of a motion to set
aside entry of default under Federal Rule of Civil Procedure 55(c). Franchise
Holding II, LLC v. Huntington Restaurants Grp., Inc., 375 F.3d 922, 925 (9th Cir.
2004). We affirm.
In their opening brief, appellants failed to challenge any of the district
court’s grounds for denying their motion to set aside entry of default, and therefore
appellants have waived any such challenge. See Indep. Towers of Wash. v.
Washington, 350 F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims
that were not actually argued in appellant’s opening brief.”); Smith v. Marsh, 194
F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not raised by a party in its opening
brief are deemed waived.”). We therefore do not reach the merits of this case.
To the extent that Best of Kashmir is a business entity and not an assumed
name for Shah Nawaz Farash, we dismiss Best of Kashmir’s appeal because
Farash, a non-attorney, may not represent a business entity. See United States v.
High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (“A corporation may
appear in federal court only through licensed counsel.”); C.E. Pope Equity Trust v.
United States, 818 F.2d 696, 697 (9th Cir. 1987) (“Although a non-attorney may
appear in propria persona in his own behalf, that privilege is personal to him. He
has no authority to appear as an attorney for others than himself.” (citations
omitted)).
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We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Appellants’ request for an order requiring the parties to submit fabric
samples, set forth in the opening brief, is denied.
AFFIRMED.
3 16-15825