Board of Trustees of the Northern California Sheet Metal Workers Health Care Plan et al v. Liberty Duct, LLC

Filing 9

ORDER. Signed by Judge Kandis A. Westmore on April 4, 2013. (kawlc2, COURT STAFF) (Filed on 4/4/2013)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA SHEET METAL WORKERS HEALTH CARE PLAN, et al., Case No.: C 13-1288 KAW ORDER 10 Plaintiffs, 11 Northern District of California United States District Court 12 13 vs. LIBERTY DUCT, LLC, 14 Defendant. 15 16 17 In this ERISA case, Plaintiffs allege that Defendant Liberty Duct, LLC, a Nevada limited 18 liability company, breached the terms of a collective bargaining agreement and trust agreements. 19 See Comp'l at 1-2. The complaint does not explain what type of business Defendant is. No attorney 20 has appeared on behalf of Defendant. 21 Plaintiffs, through counsel, and Paul Wulfenstein, the ostensible coporate owner of 22 Defendant, have filed a document consenting to the undersigned's jurisdiction. Plaintiffs' counsel 23 and Wulfenstein have also signed and filed a stipulation for judgment, and have filed a proposed 24 judgment. 25 Because Defendant is an LLC, it cannot be represented by a non-attorney. See 28 U.S.C. ยง 26 1654; Civil Local Rule 3-9(b) ("A corporation, unincorporated association, partnership or other such 27 entity may appear only through a member of the bar of this Court."); D-Beam Ltd. P'ship v. Roller 28 Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) ("It is a longstanding rule that corporations 1 and other unincorporated associations must appear in court through an attorney."). Accordingly, the 2 consent filed by Wulfenstein does not operate as a consent by Defendant, and the stipulation entered 3 into by Wulfenstein does not operate as a stipulation by Defendant. 4 Accordingly, within 30 days of the date of this order, Defendant shall retain counsel in this 5 matter, and re-file the consent and stipulation. Failure to comply with this order may result in the 6 entry of a default judgment against Defendant. See Employee Painters' Trust v. Ethan Enterprises, 7 Inc., 480 F.3d 993, 998 (9th Cir. 2007) (default may be a permissible sanction for failure to comply 8 with local rules requiring representation by counsel). 9 It is so ORDERED. 10 11 DATE: April 4, 2013 ___________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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?