Jessica Jessa Hinton et al v. Vivid Entertainment Group et al

Filing 14

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald. The Court ORDERS Defendant TMBJ to show cause, in writing, on or before February 11, 2022, why the Answer should not be stricken. (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
Title

CV 21-9402-MWF (PLAx)

Date: January 10, 2022

Jessica Jessa Hinton, et al. v. Vivid Ent. Grp., et al.

Present: The Honorable:

MICHAEL W. FITZGERALD, United States District Judge

Rita Sanchez
Deputy Clerk

Not Reported
Court Reporter / Recorder

Attorneys Present for Plaintiffs:
Not Present

Attorneys Present for Defendants:
Not Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On January 6, 2022, Defendant TMBJ Investments, Inc., d/b/a Vivid
Gentlemen’s Club, d/b/a Vivid Live Houston (“TMBJ”), submitted its Answer
through the Electronic Document Submission System (“EDSS”). (See Docket No.
12). EDSS is only for use by pro se litigants – however, TMBJ is a corporate
entity.
Individual litigants may represent themselves pro se, but corporations and
associations must be represented by counsel. See Church of the New Testament v.
United States, 783 F.2d 771, 773 (9th Cir. 1986) (unincorporated association); In
re Highley, 459 F.2d 554, 555 (9th Cir. 1972) (corporations). In addition, nonattorney litigants may not represent other individual litigants or trusts for which
they serve as trustee. See Johns v. County of San Diego, 114 F.3d 874, 876 (9th
Cir. 1997) (minor children); C.E. Pope Equity Trust v. United States, 818 F.2d 696,
697–98 (9th Cir. 1987) (trust); McShane v. United States, 366 F.2d 286, 288 (9th
Cir. 1996) (other litigants). A partner may not represent his or her own interest in
a partnership pro se, and a sole shareholder may not represent a corporation. See
In re Am. West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (partner);
United States v. High Country Broad Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993)
(per curiam) (shareholder).

CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
Title

CV 21-9402-MWF (PLAx)

Date: January 10, 2022

Jessica Jessa Hinton, et al. v. Vivid Ent. Grp., et al.

In other words, TMBJ needs to be represented by a lawyer. For now, the
Court will allow the Answer to stand to prevent an immediate default. However, if
a lawyer does not enter the action for TMBJ or if some exception to the general
rule isn’t shown – which the Court doubts exists – then the Answer will be stricken
and Plaintiff will be directed obtain entry of default by the Clerk and then entry of
default judgment by this Court.
Accordingly, the Court ORDERS Defendant TMBJ to show cause, in
writing, on or before February 11, 2022, why the Answer should not be stricken.
The appearance of a lawyer for TMBJ will be a sufficient response to discharge the
Order to Show Cause. In other words, the Court is giving TMBJ a month to find a
lawyer.
IT IS SO ORDERED.

CV-90 (03/15)

Civil Minutes – General

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