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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE
NORTHERN CALIFORNIA SHEET METAL
WORKERS HEALTH CARE PLAN, et al.,

Case No.: C 13-1288 KAW
ORDER

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Plaintiffs,

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Northern District of California

United States District Court

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vs.
LIBERTY DUCT, LLC,

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Defendant.

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In this ERISA case, Plaintiffs allege that Defendant Liberty Duct, LLC, a Nevada limited

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liability company, breached the terms of a collective bargaining agreement and trust agreements.

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See Comp'l at 1-2. The complaint does not explain what type of business Defendant is. No attorney

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has appeared on behalf of Defendant.

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Plaintiffs, through counsel, and Paul Wulfenstein, the ostensible coporate owner of

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Defendant, have filed a document consenting to the undersigned's jurisdiction. Plaintiffs' counsel

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and Wulfenstein have also signed and filed a stipulation for judgment, and have filed a proposed

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judgment.

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Because Defendant is an LLC, it cannot be represented by a non-attorney. See 28 U.S.C. §

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1654; Civil Local Rule 3-9(b) ("A corporation, unincorporated association, partnership or other such

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entity may appear only through a member of the bar of this Court."); D-Beam Ltd. P'ship v. Roller

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Derby Skates, Inc., 366 F.3d 972, 973-74 (9th Cir. 2004) ("It is a longstanding rule that corporations

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and other unincorporated associations must appear in court through an attorney."). Accordingly, the

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consent filed by Wulfenstein does not operate as a consent by Defendant, and the stipulation entered

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into by Wulfenstein does not operate as a stipulation by Defendant.

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Accordingly, within 30 days of the date of this order, Defendant shall retain counsel in this

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matter, and re-file the consent and stipulation. Failure to comply with this order may result in the

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entry of a default judgment against Defendant. See Employee Painters' Trust v. Ethan Enterprises,

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Inc., 480 F.3d 993, 998 (9th Cir. 2007) (default may be a permissible sanction for failure to comply

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with local rules requiring representation by counsel).

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It is so ORDERED.

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DATE: April 4, 2013

___________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

Northern District of California

United States District Court

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