Perotti v. Atlantis Technology Group, Inc.

Filing 26

ORDER denying 3 Defendant's Motion to proceed pro se. Defendant must obtain counsel to file a notice of appearance within 30 days. Upon appearance of counsel for Defendant, this case will be referred to the Magistrate Judge for a case manag ement conference. If counsel does not appear on behalf of Defendant, Plaintiff may seek appropriate relief. IT IS FURTHER ORDERED that 5 Defendant's Motion to Dismiss is denied without prejudice; 10 Defendant's 8/12/2008, Motion for S ummary Judgment is denied without prejudice; 14 Plaintiff's 8/18/2008, Motion to suspend motion for summary judgment until completion of discovery is denied as moot; 17 Defendant's 8/26/2008, Motion for Summary Judgment is denied withou t prejudice; and 19 Plaintiff's 9/16/2008, Motion to suspend second motion for summary judgment until completion of discovery is denied as moot. See order re specifics. ( Notice of Compliance re appearance of counsel is due by 3/26/2009.) Signed by Judge Larry R. Hicks on 2/24/09. (Copies have been distributed pursuant to the NEF - SL)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** JOHN PEROTTI, ) ) Plaintiff, ) ) v. ) ) ATLANTIS TECHNOLOGY GROUP, INC., ) ) Defendant. ) ) )

3:08-CV-00388-LRH-VPC ORDER

Before the court are six motions: Defendant's Motion to Proceed Pro Se (#31); Defendant's Motion to Dismiss (#5); Defendant's August 12, 2008, Motion for Summary Judgment (#10); Plaintiff's August 18, 2008, Motion to Suspend Motion for Summary Judgment Until Completion of Discovery (#14); Defendant's August 26, 2008, Motion for Summary Judgment (#17); and Plaintiff's September 16, 2008, Motion to Suspend Second Motion for Summary Judgment Until Completion of Discovery (#19). Plaintiff John Perotti alleges Defendant Atlantis Technology Group, Inc. violated the Securities Exchange Act by making false statements in connection with the sale of securities. As noted, the parties have filed several motions. However, because Defendant Atlantis Technology Group, Inc. is not currently represented by counsel, the court need only rule on the merits of the

Refers to the court's docket

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first of these motions: Defendant's motion to proceed pro se. Defendant's motion to proceed pro se will be denied. It is well established that a corporation may appear in federal court only through licensed counsel. E.g., United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993). Further, because Defendant is currently unrepresented, its remaining motions are denied without prejudice. IT IS THEREFORE ORDERED that Defendant's Motion to Proceed Pro Se (#3) is DENIED. Defendant must obtain counsel to file a notice of appearance within 30 days. Upon appearance of counsel for Defendant, this case will be referred to the magistrate for a case management conference. If counsel does not appear on behalf of Defendant, Plaintiff may seek appropriate relief. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss (#5) is DENIED without prejudice. IT IS FURTHER ORDERED that Defendant's August 12, 2008, Motion for Summary Judgment (#10) is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff's August 18, 2008, Motion to Suspend Motion for Summary Judgment Until Completion of Discovery (#14) is DENIED as moot. IT IS FURTHER ORDERED that Defendant's August 26, 2008, Motion for Summary Judgment (#17) is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff's September 16, 2008, Motion to Suspend Second Motion for Summary Judgment Until Completion of Discovery (#19) is DENIED as moot. IT IS SO ORDERED. DATED this 24th day of February 2009.

__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 2