Oracle America, Inc. v. Service Key, LLC et al

Filing 172

ORDER by Judge ARMSTRONG denying 164 Motion for Leave to File (lrc, COURT STAFF) (Filed on 3/15/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

4 ORACLE AMERICA, INC., a Delaware
corporation,
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Plaintiff,
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vs.
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SERVICE KEY, LLC, a Georgia limited
8 liability company; ANGELA VINES; DLT
FEDERAL BUSINESS SYSTEMS
9 CORPORATION, a Delaware corporation; and
DOES 1-50,
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Defendants.
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Case No: C 12-00790 SBA
ORDER DENYING MOTION FOR
PERMISSION FOR ELECTRONIC
FILING
Dkt. 164

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Defendant DLT Federal Business Systems Corporation (“DLT”) has filed a pro se

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Motion for Permission for Electronic Case Filing. Dkt. 164. Though DLT offers no reason for

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its motion, the Court notes that DLT’s present counsel of record—RIMON P.C. and NOVA IP

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Law, PLLC—have filed a motion to withdraw based on DLT’s apparent severance of their

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attorney-client relationship. Dkt. 163. However, the motion to withdraw has not yet been

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adjudicated and substitute counsel has not yet appeared in the action for DLT.

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“It is a longstanding rule that ‘[c]orporations and other unincorporated associations

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must appear in court through an attorney.’” See D-Beam Ltd. P’ship v. Roller Derby Skates,

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Inc., 366 F.3d 972, 973-974 (9th Cir. 2004) (citation omitted); Civ. L.R. 3-9 (“A corporation,

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unincorporated association, partnership or other such entity may appear only through a member

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of the bar of this Court.”). Since DLT cannot appear pro se, and because the Court has not

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addressed its counsel’s motion to withdraw, DLT’s motion is DENIED. This Order terminates

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Docket 164.

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IT IS SO ORDERED.
Dated: March 14, 2013

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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