Think Computer Corporation v. Dwolla, Inc. et al

Filing 68

ORDER TO SHOW CAUSE. If, by 5/22/2013, an attorney qualified to practice in the United States District Court for the Northern District of California does not appear in this action to represent Plaintiff, the court will dismiss the action without p rejudice. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 5/8/2013. (ejdlc1, COURT STAFF) (Filed on 5/8/2013) (Additional attachment(s) added on 5/8/2013: # 1 Certificate of Service) (ecg, COURT STAFF).

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 THINK COMPUTER CORPORATION, CASE NO. 5:13-cv-02054 EJD 5 ORDER TO SHOW CAUSE Plaintiff(s), 6 7 v. DWOLLA, INC., et. al., 8 Defendant(s). 9 On May 6, 2013, Plaintiff Think Computer Corporation (“Plaintiff”) filed a Complaint in this 11 For the Northern District of California United States District Court 10 / court against a series of defendants on its own behalf, without legal representation. See Compl., 12 Docket Item No. 1. According to allegations in the Complaint, Plaintiff “is a privately-held 13 Delaware corporation.” Id. at ¶ 10. 14 Plaintiff cannot appear in this court without an attorney to represent the corporate entity. See 15 United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (“A corporation may 16 appear in federal court only through licensed counsel.”); see also Licht v. American West Airlines, 17 40 F.3d 1058, 1059 (9th Cir. 1994) (“Corporations . . . must appear in court through an attorney.”). 18 Moreover, a lawsuit on behalf of a corporation cannot be maintained by its officers or directors in 19 their individual capacities without counsel. See Phillips v. Tobin, 548 F.2d 408 (2d Cir. 1976). 20 Accordingly, the court hereby issues an order to show cause why this action should not be 21 dismissed for lack of legal representation. If, by May 22, 2013, an attorney qualified to practice in 22 the United States District Court for the Northern District of California does not appear in this action 23 to represent Plaintiff, the court will dismiss the action without prejudice. No hearing will be held on 24 the order to show cause unless otherwise ordered by the court. 25 IT IS SO ORDERED. 26 Dated: May 8, 2013 EDWARD J. DAVILA United States District Judge 27 28 1 CASE NO. 5:13-cv-02054 EJD ORDER TO SHOW CAUSE