Sequoia Capital Operations, LLC v. Sequoia Capital LLC

Filing 19

(In Chambers) Order Striking Stipulation and Order to Show Cause by Judge Fernando M. Olguin. No later than 9/26/2024, defendant shall retain counsel and have counsel file a Notice of Appearance. If defendant does not retain counsel, plaintiff's counsel shall seek entry of default no later than 10/3/2024. (vdr)

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

SA CV 24-1396 FMO (PDx)

Title

Sequoia Capital Operations, LLC v. Sequoia Capital LLC

Present: The Honorable

Date

September 3, 2024

Fernando M. Olguin, United States District Judge

Vanessa Figueroa

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorney Present for Plaintiff(s):

Attorney Present for Defendant(s):

None Present

None Present

Proceedings:

(In Chambers) Order Re: Striking Stipulation and Order to Show
Cause

The court has reviewed the Stipulation to Extend Time to Respond to Initial Complaint (Dkt.
18, “Stipulation”), by which the parties stipulate to extend the time for defendant to answer or
otherwise respond to the Complaint. (See id. at 2). The Stipulation is signed by David Liao
(“Liao”) on behalf of defendant Sequoia Capital LLC. (See id. at 3). However, Liao, a nonattorney, may not file any papers or appear on behalf of an entity defendant. It is well-settled that
corporations and other business entities cannot appear pro se in federal court; they must be
represented by licensed counsel. See Rowland v. California Men’s Colony, Unit II Men’s Advisory
Council, 506 U.S. 194, 201-02, 113 S.Ct. 716, 721 (1993) (“It has been the law for the better part
of two centuries . . . that a corporation may appear in the federal courts only through licensed
counsel.”); United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (per
curiam) (“A corporation may appear in federal court only through licensed counsel.”); Local Rule
83-2.2.2 (“No organization or entity of any other kind (including corporations, limited liability
corporations, partnerships, limited liability partnerships, unincorporated associations, trusts) may
appear in any action or proceeding unless represented by an attorney permitted to practice before
this Court under L.R. 83-2.1.”). In addition, a sole shareholder or principal of a corporation may
not represent the corporation in federal court. See High Country Broad. Co., 3 F.3d at 1245;
see also In re Waksberg, 2009 WL 1211355, *1 (C.D. Cal. 2009) (“[T]he principal of a corporation
cannot appear on its behalf pro se. Because it is not a natural person, the corporation must be
represented by an attorney.”). Under the circumstances, the Stipulation will be stricken.
Based on the foregoing, IT IS ORDERED THAT:
1. The Stipulation (Document No. 18) is hereby stricken.
2. No later than September 26, 2024, defendant shall retain counsel and have counsel file
a Notice of Appearance.

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

SA CV 24-1396 FMO (PDx)

Date

Title

Sequoia Capital Operations, LLC v. Sequoia Capital LLC

September 3, 2024

3. Defendant is cautioned that failure to file a Notice of Appearance by the deadline set
forth above may result in entry of default against it for failure to comply with a court order. See
Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).
4. If defendant does not retain counsel by the deadline set forth above, then plaintiff’s
counsel shall seek entry of default against defendant no later than October 3, 2024. Failure to
file a an application for entry of default may result in the action being dismissed for failure to
prosecute and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link, 370 U.S.
at 629-30, 82 S.Ct. at 1388.

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Initials of Preparer

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vdr

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