Billman Property, LLC v. Bank of America N.A., Inc. et al

Filing 16

ORDER that 7 Motion to Dismiss is GRANTED in part, and the case is dismissed without prejudice. IT IS FURTHER ORDERED that 10 Motion to Dismiss is DENIED as moot. IT IS FURTHER ORDERED that 1 Complaint is STRICKEN. Clerk of Court shall close the case. Signed by Judge Robert C. Jones on 10/15/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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BILLMAN PROPERTY, LLC,
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Plaintiff,
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vs.
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BANK OF AMERICA, N.A, INC. et al.,
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Defendants.
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2:14-cv-01230-RCJ-VCF
ORDER

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This case arises out of the foreclosure of real property. Pending before the Court are two

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Motions to Dismiss (ECF Nos. 7, 10). First, Defendant Bank of America, N.A. has asked the

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Court to dismiss for improper service of process, because Plaintiff may not represent itself in this

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Court, for lack of standing, and for failure to state a claim. Second, Defendant National Default

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Servicing Corp. has asked the Court to dismiss for failure to state a claim.

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Bank of America is correct that a business entity such as Plaintiff must be represented by

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a licensed attorney in federal court. See Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory

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Council, 506 U.S. 194, 202 (1993) (citing 28 U.S.C. § 1654); United States v. High Country

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Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (“A corporation may appear in federal court only

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through licensed counsel.”). Therefore, because the Court cannot acknowledge the pleading

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filed at ECF No. 1, the Court will strike it and dismiss the case without prejudice. Plaintiff’s

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response, which the Court cannot acknowledge in any case, as it is not filed by licensed counsel,

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concerns only the merits and fails to address the other three bases for the motion.
CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 7) is GRANTED IN

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PART, and the case is dismissed without prejudice.
IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 10) is DENIED as

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moot.

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IT IS FURTHER ORDERED that the Complaint (ECF No. 1) is STRICKEN.

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IT IS FURTHER ORDERED that the Clerk shall close the case.

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IT IS SO ORDERED.
Dated this 15th day September, 2014.
Dated this 25th day ofof October, 2014.

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_____________________________________
ROBERT C. JONES
United States District Judge

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