Think Computer Corporation v. Dwolla, Inc. et al

Filing 68

ORDER TO SHOW CAUSE. If, by 5/22/2013, an attorney qualified to practice in the United States District Court for the Northern District of California does not appear in this action to represent Plaintiff, the court will dismiss the action without prejudice. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 5/8/2013. (ejdlc1, COURT STAFF) (Filed on 5/8/2013) (Additional attachment(s) added on 5/8/2013: #1 Certificate of Service) (ecg, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THINK COMPUTER CORPORATION,

CASE NO. 5:13-cv-02054 EJD

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ORDER TO SHOW CAUSE
Plaintiff(s),

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v.
DWOLLA, INC., et. al.,

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Defendant(s).
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On May 6, 2013, Plaintiff Think Computer Corporation (“Plaintiff”) filed a Complaint in this

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For the Northern District of California

United States District Court

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/

court against a series of defendants on its own behalf, without legal representation. See Compl.,

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Docket Item No. 1. According to allegations in the Complaint, Plaintiff “is a privately-held

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Delaware corporation.” Id. at ¶ 10.

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Plaintiff cannot appear in this court without an attorney to represent the corporate entity. See

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United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (“A corporation may

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appear in federal court only through licensed counsel.”); see also Licht v. American West Airlines,

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40 F.3d 1058, 1059 (9th Cir. 1994) (“Corporations . . . must appear in court through an attorney.”).

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Moreover, a lawsuit on behalf of a corporation cannot be maintained by its officers or directors in

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their individual capacities without counsel. See Phillips v. Tobin, 548 F.2d 408 (2d Cir. 1976).

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Accordingly, the court hereby issues an order to show cause why this action should not be

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dismissed for lack of legal representation. If, by May 22, 2013, an attorney qualified to practice in

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the United States District Court for the Northern District of California does not appear in this action

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to represent Plaintiff, the court will dismiss the action without prejudice. No hearing will be held on

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the order to show cause unless otherwise ordered by the court.

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IT IS SO ORDERED.

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Dated: May 8, 2013
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:13-cv-02054 EJD
ORDER TO SHOW CAUSE