Michele Walker Harris LLC et al v. Larkey Process Company et al

Filing 7

ORDER: IT IS ORDERED that the motion to proceed in forma pauperis (Doc. 2 ) is denied. Plaintiffs have until February 12, 2018 to pay the filing fee or the Clerk of the Court shall close this case (and enter judgment of dismissal without prejudice ) without further order of this Court. IT IS FURTHER ORDERED that (if this case is still open because Plaintiffs paid the filing fee by February 12, 2018) Plaintiffs shall obtain counsel who files a notice of appearance by March 2, 2018, or the Court will strike the complaint and dismiss this case [see attached Order for details]. Signed by Senior Judge James A Teilborg on 2/5/18. (MAW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Michele Walker Harris LLC and Edgar S Harris LLC, 10 Plaintiffs, 11 12 13 14 15 No. CV-18-00374-PHX-JAT ORDER v. Larkey Process Company, Karen Thadani, Vinay Thadani, Shiraz M Aladin, Manish Sawhney, Andrew M Hull, and Denise Holliday, Defendants. 16 17 18 A complaint was filed in this case of February 2, 2018 on behalf of two limited liability companies. The complaint was filed “pro se” by the companies. 19 Corporations and other unincorporated associations must appear in court through 20 an attorney. D-Beam Ltd. P'ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 (9th 21 Cir. 2004); In re America West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994); Rowland v. 22 Cal. Mens Colony, 506 U.S. 194, 201-02 (1993). 23 In Rowland, the Supreme Court held that artificial entities cannot proceed in forma 24 pauperis. 506 U.S. at 196. As a result, Plaintiffs must pay the filing fee. Additionally, 25 because limited liability companies cannot appear pro se, the Court will give Plaintiffs 26 time to obtain counsel. However, if counsel does not appear within the time set forth 27 below, the complaint in this case will be stricken and the case will be closed. 28 Therefore, 1 IT IS ORDERED that the motion to proceed in forma pauperis (Doc. 2) is denied. 2 Plaintiffs have until February 12, 2018 to pay the filing fee or the Clerk of the Court shall 3 close this case (and enter judgment of dismissal without prejudice) without further order 4 of this Court. 5 IT IS FURTHER ORDERED that (if this case is still open because Plaintiffs 6 paid the filing fee by February 12, 2018) Plaintiffs shall obtain counsel who files a notice 7 of appearance by March 2, 2018, or the Court will strike the complaint and dismiss this 8 case. 9 Dated this 5th day of February, 2018. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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