Ni Ne Trading Company v. Uni-Pixel Inc. et al

Filing 6

ORDER TO SHOW CAUSE RE: PRO SE REPRESENTATION OF COMPANY; AND ORDER DENYING REQUEST FOR ELECTRONIC CASE FILING ACCESS. Re: Dkt. No. 5 . Miller to show cause why the Court should not require him to retain an attorney on behalf of Ni Ne 5/19/2017. Signed by Judge Nathanael Cousins on 5/8/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 5/8/2017)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

NI NE TRADING COMPANY,
Plaintiff,

United States District Court
Northern District of California

11
12
13

v.
UNI-PIXEL INC., et al.,
Defendants.

14
15

Case No. 17-cv-02187 NC
ORDER TO SHOW CAUSE RE:
PRO SE REPRESENTATION OF
COMPANY; AND
ORDER DENYING REQUEST FOR
ELECTRONIC CASE FILING
ACCESS
Re: Dkt. No. 5

16
17

Clint S. Miller, the “sole proprietor” of Ni Ne Trading Company, filed a breach of

18

contract complaint against Uni-Pixel, Inc. on April 19, 2017. Dkt. No. 1. Ni Ne has not

19

retained an attorney, and Miller seeks to proceed on behalf of Ni Ne pro se. Miller may

20

not do so.

21

Northern District of California Civil Local Rule 3-9(b) provides that “[a]

22

corporation, unincorporated association, partnership or other such entity” must be

23

represented by an attorney who is a member of the Northern District of California’s bar.

24

See Rowland v. California Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194,

25

202 (1993) (“corporations, partnerships, or associations” are not allowed “to appear in

26

federal court otherwise than through a licensed attorney”). Thus, the Court ORDERS

27

Miller to show cause why the Court should not require him to retain an attorney on behalf

28

of Ni Ne by May 19, 2017. In the alternative, Miller may amend the complaint to clarify
Case No. 17-cv-02187 NC

1
2

that he, not Ni Ne Trading Company, is the correct plaintiff.
Because the Court finds Miller may not represent Ni Ne on a pro se basis, the Court

3

also denies him Electronic Case Filing (ECF) access. Dkt. No. 5. Local Rule 5-1(c)(1),

4

(4), and (5) only allows an attorney of record, or someone they authorize, to electronically

5

file documents.

6

The Court further informs Miller that the Federal Pro Se Program at the San Jose

7

Courthouse provides free information and limited-scope legal advice to pro se litigants in

8

federal civil cases. The Federal Pro Se Program is available by appointment and on a

9

drop-in basis. The Federal Pro Se Program is available at Room 2070 in the San Jose
United States Courthouse (Monday to Thursday 1:00 - 4:00 pm, on Friday by appointment

11

United States District Court
Northern District of California

10

only), and The Law Foundation of Silicon Valley, 152 N. 3rd Street, 3rd Floor, San Jose,

12

CA (Monday to Thursday 9:00 am - 12:00 pm, on Friday by appointment only), or by

13

calling [phone].

14
15
16

IT IS SO ORDERED.

17
18

Dated: May 8, 2017

19

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

20
21
22
23
24
25
26
27
28
Case No. 17-cv-02187 NC

2

1
2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 17-cv-02187 NC

3