(PS) Cutty v. Mecham ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN J. CUTTY, No. 2:23-cv-1907-TLN-KJN (PS) 12 Plaintiff, ORDER TO SHOW CAUSE 13 v. 14 DAVID A. MECHAM and TITAN REVENUE SOLUTIONS, 15 Defendants. 16 17 Plaintiff filed this case in September of 2023, and on November 2, defendant answered. 18 (ECF Nos. 1, 5.) A review of the docket indicates defendant is attempting to appear without the 19 aid of an attorney. However, it appears the complaint is brought against him and his company, 20 Titan Revenue Solutions. It is unclear from the pleadings what kind of entity is Titan Revenue 21 Solutions, but case law is clear that entities cannot appear pro se. See Rowland v. California 22 Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202 (1993) (“It has been the law 23 for the better part of two centuries, for example, that a corporation may appear in the federal 24 courts only through licensed counsel . . . the rationale for that rule applies equally to all artificial 25 entities.”); D-Beam Ltd. P'ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973–74 (9th Cir. 2004) 26 “Corporations and other unincorporated associations must appear in court through an attorney.”); 27 see also, e.g., Aellis O. v. Connor, 2022 WL 2229421, *3 (S.D. Cal. June 21, 2022) (dismissing 28 pleadings filed by pro se party on behalf of d/b/a entity where it was unclear the status of the 1 || entity); Clancy v. Bromley Tea Co., 2014 WL 212603, at *2 (N.D. Cal. Jan. 17, 2014) 2 | (‘Defending a civil suit without the benefit of counsel is problematic enough for an individual, 3 || but as corporations, Defendants may not appear pro se.”); Saks v. International Longshore & 4 | Warehouse, 2011 WL 13176423 (C.D. Cal. Jan. 13, 2011) (““However, because he is not an 5 || attorney, Saks cannot represent a partnership, even one of which he is a partner.”). 6 Accordingly, defendant is ORDERED TO SHOW CAUSE, within 14 days of this order, 7 || why the answer (ECF No. 5) should not be stricken from the record to the extent it purports to 8 | answer for the apparent entity Titan Revenue Service. Defendant may show cause by filing 9 || documentation indicating the status of Titan Revenue, may request time to obtain an attorney if 10 || needed, or may make other arguments as appropriate. 11 || Dated: November 7, 2023 Aectl Aharon 13 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 14 cutt.1907 15 16 17 18 19 20 21 22 23 24 25 26 27 28