Intellectual Capital Consulting, LTD v. Volvo Car Corporation et al

Filing 8

ORDER TO SHOW CAUSE why this action should not be dismissed by Magistrate Judge Gordon P. Gallagher on 9/16/15. 7 Motion to Obtain ECF Login and Password is denied. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01994-GPG
INTELLECTUAL CAPITAL CONSULTING, LTD, A Colorado Company,
Plaintiff,
v.
VOLVO CAR CORPORATION, A Swedish Corporation, and
VOLVO CARS OF NORTH AMERICA, LLC, A Delaware Company,
Defendants.

ORDER TO SHOW CAUSE

Mr. Samuel K. Giles, a pro se litigant who resides in Westminster, Colorado, has
filed this patent infringement action on behalf of Intellectual Capital Consulting, Ltd. Mr.
Giles has also filed an Application to Proceed in District Court W ithout Prepaying Fees
or Costs that he requests be restricted and a Motion to Obtain ECF Login and
Password.
The Court will first address Mr. Giles ability, as a pro se litigant, to represent
Intellectual Capital Consulting, LTD. It is well settled that corporations or similar
business entities (e.g., partnerships, limited liability companies) must appear in this
Court through a licensed attorney. See Harrison v. Wahatoyas, LLC, 253 F.3d 552,
556-57 (10th Cir. 2001) (“As a general matter, a corporation or other business entity
can only appear in court through an attorney and not through a non-attorney corporate
officer appearing pro se.”); D.C. COLO.LAttyR 5(b) (“Where the client of the
withdrawing attorney is a corporation, partnership, or other legal entity, the notice shall

state that such entity may not appear without counsel admitted to the bar of this
court . . . .”) (emphasis added). Mr. Giles, therefore, will be directed to respond and
show cause why this action should not be dismissed because he may not represent
Plaintiff in a pro se capacity.
Second, the Court will defer review of Mr. Giles’ Application to Proceed in District
Court Without Prepaying Fees or Costs until he has responded to this Order to Show
Cause.
Finally, the Motion to Obtain ECF Login and Password will be denied as an
improper request. The proper form to register for ECF Account-Pro Se is located on
the United States District Court for the District of Colorado’s website under “E-Filing
(ECF).” Accordingly, it is
ORDERED that Mr. Giles show cause in writing within thirty days from the date
of this Order why this action should not be dismissed for the reasons stated in this
Order. It is
FURTHER ORDERED that the Court will defer review of the Application to
Proceed in District Court Without Prepaying Fees or Costs until Mr. Giles has
responded to this Order. It is
FURTHER ORDERED that the Motion to Obtain ECF Login and Password, ECF
No. 7, is denied as an improper request.
DATED September 16, 2015, at Denver, Colorado.
BY THE COURT:
S/ Gordon P. Gallagher

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United States Magistrate Judge

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