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

Filing 34

ORDER GRANTING Defendant's 10 Motion to Dismiss. It is further Ordered that the following Motions are Denied as moot: Motion to Enforce Settlement 15 , Motion to Strike 26 , and Motion to Dismiss 29 . Case terminated. Signed by Judge Miranda M. Du on 9/10/15. (Copies have been distributed pursuant to the NEF - PS)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 *** 10 BILLMAN PROPERTY, LLC, Plaintiff, 11 12 Case No. 2:15-cv-00088-MMD-PAL ORDER v. BANK OF AMERICA, N.A., INC., et al., 13 Defendants. 14 15 Plaintiff Billman Property, LLC, a limited liability company, initiated this action pro 16 se. Because Plaintiff cannot represent itself, the Court will grant Defendant Bank of Motion 17 (dkt. no. 10). 18 In its Motion, BANA argues that this action should be dismissed because Plaintiff, 19 a limited liability company, is not represented by a licensed attorney. (Id. at 4-5.) The 20 Court agrees. It is well established that a corporate entity must be represented by a 21 licensed attorney. See United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th 22 Cir. 23 counsel 24 previously dismissed a lawsuit that Plaintiff filed against the same Defendants because 25 Plaintiff was not represented by counsel. See Billman Prop., LLC v. Bank of Am., N.A., 26 No. 2:14-cv-01230-RCJ-VCF (D. Nev. Oct. 15, 2014). Moreover, this Court gave Plaintiff 27 until March 10, 2015, to retain counsel. (Dkt. no. 12 at 3.) Because Plaintiff has not 28 retained counsel, Plaintiff cannot continue to pursue this action. corporation may appear in federal court only through licensed Plaintiff has had ample notice of the need to retain counsel. In fact, the Court 1 2 (dk. no. 10) is granted. 3 It is further ordered that the following motions are denied as moot: Motion to 4 Enforce Settlement (dkt. no. 15), Motion to Strike (dkt. no. 26), Motion to Dismiss (dkt. 5 no. 29). The Clerk is directed to enter judgment in favor of Defendants and close this 6 7 8 case. DATED THIS 10th day of September 2015. 9 10 11 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?