(PS) Kent v. Century Manor Trust LTD ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS KENT, No. 2:19-cv-01277-MCE-AC (PS) 12 Plaintiff, 13 v. ORDER & NOTICE OF HEARING 14 CENTURY MANOR TRUST LTD, et al., 15 Defendants. 16 17 Plaintiff and certain defendants are proceeding in this action pro se. This matter was 18 accordingly referred to the undersigned for pre-trial proceedings pursuant to Local Civil 19 Rule 302(c)(21). On July 10, 2019, plaintiff filed a fee-paid complaint against 36 defendants, 20 mostly financial institutions and their trustees or officers, asserting six civil claims under various 21 federal criminal statutes. ECF No. 1. At least eight of the defendants have been served. ECF 22 Nos. 10-14. The Bank of New York Mellon (“BNYM”) has filed a motion to dismiss, currently 23 set for hearing before the undersigned on October 9, 2019. ECF Nos. 6, 9. 24 On August 15, 2019, defendant Guy Carlson filed a pro se motion to dismiss, purportedly 25 on behalf of himself and on behalf of his corporation, Global Vision Venture Capital LLC, which 26 is also named as a defendant in this action. ECF No. 15. Carlson’s motion does not comply with 27 Local Rule 230, as it was not accompanied by a notice of motion setting a hearing date on the 28 court’s motion calendar. See E.D. Cal. R. 230(b). However, based on the substance of the 1 || motion, the court finds it appropriate to sua sponte notice the motion for hearing on October 9, 2 | 2019, along with BNYM’s motion to dismiss. 3 The court construes Carlson’s motion to dismiss as brought only on Carlson’s own behalf, 4 | not on behalf of the corporation of which he is president. Defendant Global Vision is a 5 || corporation and must appear in court through an attorney. D-Beam Ltd. P’ship v. Roller Derby 6 | Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) (“It is a longstanding rule that corporations and 7 | other unincorporated associations must appear in court through an attorney.”) (internal quotation 8 || marks and alterations omitted). As a non-lawyer, Carlson cannot bring his motion to dismiss—or 9 | otherwise appear in this action—on behalf of Global Vision. The corporation must retain counsel 10 | in order to defend itself. 11 Accordingly, IT IS HEREBY ORDERED THAT: 12 1. Defendant Guy Carlson’s motion to dismiss (ECF No. 15) is set for hearing at 10:00 a.m. 13 on October 9, 2019, before the Honorable Allison Claire in Courtroom 26, 8th Floor of the 14 above-captioned Court located at 501 I Street, Sacramento, CA 95814. The motion will 15 be heard in conjunction with defendant The Bank of New York Mellon’s motion to 16 dismiss (ECF Nos. 6, 9); and 17 2. The Clerk of Court is directed to modify the docket notes accompanying the motion to 18 dismiss (ECF No. 15) to reflect that it was brought only by defendant Carlson. 19 | DATED: August 22, 2019 ~ 20 Hthren— Llane ALLISON CLAIRE 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28