Otter Products LLC et al v. Ace Colors Fashion, Inc et al

Filing 20

ORDER TO SHOW CAUSE RE. DEFENDANT VANESSA ACCESSORIESS ABILITY TO PROCEED PRO SE by Judge Otis D. Wright, II: The Court ORDERS Vanessa Accessories through its representative to file a declaration establishing what type of legal entity it is by Wednesday, March 19, 2014. No hearing will be held. Failure to timely respond to this Order will result in the Court striking Vanessa Accessoriess Answer for want of licensed counsel. (lc)

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United States District Court
Central District of California

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OTTER PRODUCTS LLC; TREEFROG

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Case No. 2:14-cv-00141-ODW(ASx)

DEVELOPMENTS, INC.,
Plaintiff,

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ORDER TO SHOW CAUSE RE.
DEFENDANT VANESSA

v.

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ACE COLORS FASHION, INC.;

ACCESSORIES’S ABILITY TO

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ELECTRONICOS; SHAYNA’S CELL

PROCEED PRO SE

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PHONE ACCESSORIES; VANESSA

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ACCESSORIES,

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Defendants.

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On January 7, 2014, Plaintiffs Otter Products LLC and Treefrog Developments,

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Inc. filed a trademark-infringement suit against Defendants Ace Colors Fashion, Inc.,

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Electronicos, Shayna’s Cell Phone Accessories, and Vanessa Accessories.

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No. 1.) On February 25, 2014, Defendant Vanessa Accessories filed an answer pro se

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through an individual named Jose Rosales. (ECF No. 14.)

(ECF

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It is well-settled that a corporation and other artificial entities may not represent

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themselves in federal court. Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory

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Council, 506 U.S. 194, 201–02 (1993); see also L.R. 83-2.2.2. But this rule does not

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apply to sole proprietorships, as they do not have a legal existence independent of

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their owners. See Nova Exp. v. United States, 80 Fed. Cl. 236, 238–39 (Fed. Cl.

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2008); Bd. of Trs. of Laborers Health & Welfare Trust Fund for N. Cal. v. Perez,

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No. C-10-2002 JSW JCS, 2011 WL 6151506, at *4 (N.D. Cal. Nov. 7, 2011).

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It is unclear what legal status Vanessa Accessories is organized as. Vanessa

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Accessories alleges in its Answer that “Defendant Jose Rosales is an individual doing

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business as Vanessa Accessories.” (Answer ¶ 6.) It therefore appears that Vanessa

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Accessories is likely a sole proprietorship.

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The Court ORDERS Vanessa Accessories through its representative to file a

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declaration establishing what type of legal entity it is by Wednesday, March 19,

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2014. No hearing will be held. Failure to timely respond to this Order will result in

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the Court striking Vanessa Accessories’s Answer for want of licensed counsel.

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IT IS SO ORDERED.

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March 5, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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