Otter Products LLC et al v. Ace Colors Fashion, Inc et al
Filing
32
FINAL ORDER TO SHOW CAUSE RE. DEFENDANT VANESSA ACCESSORIESS ABILITY TO PROCEED PRO SE by Judge Otis D. Wright, II:The Court once again ORDERS Vanessa Accessories through its representative to file a declaration establishing what type of legal entity it is by Friday, April 18, 2014. No hearing will be held. This is Vanessa Accessoriess final warning that failure to timely respond to this Order will result in the Court striking Vanessa Accessoriess Answer for want of licensed counsel. The Court informs Vanessa Accessories that there is a Federal Pro Se Clinic located in the United States Courthouse. (lc)
1
2
3
4
5
6
7
8
United States District Court
Central District of California
9
10
11
12
OTTER PRODUCTS LLC; TREEFROG
13
Case No. 2:14-cv-00141-ODW(ASx)
DEVELOPMENTS, INC.,
Plaintiff,
14
15
FINAL ORDER TO SHOW CAUSE
RE. DEFENDANT VANESSA
v.
16
ACE COLORS FASHION, INC.;
ACCESSORIES’S ABILITY TO
17
ELECTRONICOS; SHAYNA’S CELL
PROCEED PRO SE
18
PHONE ACCESSORIES; VANESSA
19
ACCESSORIES,
20
Defendants.
21
On January 7, 2014, Plaintiffs Otter Products LLC and Treefrog Developments,
22
Inc. filed a trademark-infringement suit against Defendants Ace Colors Fashion, Inc.,
23
Electronicos, Shayna’s Cell Phone Accessories, and Vanessa Accessories.
24
No. 1.) Defendant Vanessa Accessories subsequently filed an answer pro se through
25
an individual named Jose Rosales. (ECF No. 14.) On March 5, 2014, the Court
26
ordered Vanessa Accessories to submit a declaration establishing that it is a sole
27
proprietorship—and therefore that it has the ability to proceed pro se. (ECF No. 20.)
28
To date, Vanessa Accessories has not responded to the Court’s Order.
(ECF
1
It is well-settled that a corporation and other artificial entities may not represent
2
themselves in federal court. Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory
3
Council, 506 U.S. 194, 201–02 (1993); see also L.R. 83-2.2.2. But this rule does not
4
apply to sole proprietorships, as they do not have a legal existence independent of
5
their owners. See Nova Exp. v. United States, 80 Fed. Cl. 236, 238–39 (Fed. Cl.
6
2008); Bd. of Trs. of Laborers Health & Welfare Trust Fund for N. Cal. v. Perez,
7
No. C-10-2002 JSW JCS, 2011 WL 6151506, at *4 (N.D. Cal. Nov. 7, 2011).
8
9
As the Court previously noted, it is unclear what legal status Vanessa
Accessories is organized as.
Vanessa Accessories alleges in its Answer that
10
“Defendant Jose Rosales is an individual doing business as Vanessa Accessories.”
11
(Answer ¶ 6.)
12
proprietorship.
It therefore appears that Vanessa Accessories is likely a sole
13
The Court once again ORDERS Vanessa Accessories through its representative
14
to file a declaration establishing what type of legal entity it is by Friday, April 18,
15
2014. No hearing will be held. This is Vanessa Accessories’s final warning that
16
failure to timely respond to this Order will result in the Court striking Vanessa
17
Accessories’s Answer for want of licensed counsel.
18
The Court informs Vanessa Accessories that there is a Federal Pro Se Clinic
19
located in the United States Courthouse at 312 N. Spring Street, Room G-19, Main
20
Street Floor, Los Angeles, California 90012. It is open for appointments on Mondays,
21
Wednesdays, and Fridays. A litigant may schedule an appointment by calling (213)
22
385-2977, extension 270.
23
IT IS SO ORDERED.
24
March 28, 2014
25
26
27
____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?