Connorton et al v. NV Development & Construction, LLC et al

Filing 2

MEMORANDUM DECISION AND ORDER - Defendants Motion to Compel Arbitration and Stay Proceedings (Dkt. 1 ) is DENIED WITHOUT PREDJUICE. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

Case 2:23-mc-00150-DCN Document 2 Filed 08/03/23 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
BRIAN CONNORTON, an individual;
and CONNORTON, LLC, a Washington
limited liability company,

Case No. 2:23-mc-00150-DCN
MEMORANDUM DECISION AND
ORDER

Plaintiffs,
v.
NV DEVELOPMENT &
CONSTRUCTION, LLC, a Washington
limited liability company; JASON and
KRISTY SLEATER, married individuals,
Defendants.

I. MEMORANDUM
Before the Court is Defendants’ Motion to Compel Arbitration and Stay
Proceedings. Dkt. 1. On June 16, 2023, Defendants filed the Motion. Id.
Defendant Jason Sleater filed the Motion pro se and is representing himself and his
company, NV Development & Construction, LLC. Id. at 1, 6. However, pursuant to the
Court’s local rules, Sleater may only represent himself pro se and not his company (or
anyone else):
Persons Appearing Without an Attorney--In Propria Persona. Any person
who is representing himself or herself without an attorney must appear
personally for such purpose and may not delegate that duty to any other
person. While such person may seek outside assistance in preparing Court
documents for filing, the person is expected to personally participate in all
aspects of the litigation, including Court appearances. Persons appearing
without attorneys are required to become familiar with and comply with all
Local Rules of this District, as well as the Federal Rules of Civil and/or
Criminal Procedure. In exceptional circumstances, the Court may modify
these provisions to serve the ends of justice.
MEMORANDUM DECISION AND ORDER - 1

Case 2:23-mc-00150-DCN Document 2 Filed 08/03/23 Page 2 of 2

Whenever an entity other than an individual desires or is required to make an
appearance in this Court, the appearance shall be made only by an attorney
of the bar of this Court or an attorney permitted to practice under these rules.
Dist. Idaho Loc. Civ. R. 83.7; 83.4(d). In sum, Sleater cannot represent his company.
Furthermore, it is unusual for cases to be opened with only a Motion to Compel
Arbitration, but it may be permissible here. See NBCUniversal Media, LLC v. Pickett, 747
F. App’x 644, 645 (9th Cir. 2019) (affirming the district court’s decision to grant the
petitioners’ “Complaint and Petition for Order Compelling Arbitration”). Nevertheless, the
Court will not rule on the Motion because Sleater is in violation of the Court’s local rules
on pro se representation.
The Court urges Sleater to become familiar with the Court’s local rules before filing
with the Court again. Thus, the Motion will be denied at this time.
II. ORDER
IT IS HEREBY ORDERED:
1. Defendants’ Motion to Compel Arbitration and Stay Proceedings (Dkt. 1) is
DENIED WITHOUT PREDJUICE.

DATED: August 3, 2023
_________________________
David C. Nye
Chief U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2