Bank of America, N.A. v. Silver Terrace II Landscape Maintenance Association et al

Filing 57

ORDER GRANTING ECF No. 52 Motion to Withdraw as Attorney. James M Walsh withdrawn from the case for Defendants Ravenstar Investments, LLC, and Ronald L. Brandon. (Attorney Walsh terminated; E-service turned off.) Defendant Ravenstar Investments, LLC, shall file a substitution of counsel on or before Friday, September 29, 2017. A copy of this order and all documents filed until Defendant Ravenstar Investments, LLC, obtains counsel shall be served on Ravenstar Investments, LLC, via regular mail at address specified herein. (Instant Order mailed to Ravenstar on 8/29/2017.) Signed by Magistrate Judge William G. Cobb on 8/29/2017. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BANK OF AMERICA, N.A.,

)
)
Plaintiff,
)
)
vs.
)
)
SILVER TERRACE II LANDSCAPE
)
MAINTENANCE ASSOCIATION;
)
RAVENSTAR INVESTMENTS, LLC;
)
RONALD L. BRANDON; PHIL FRINK )
& ASSOCIATES, INC.; GAYLE A.
)
KERN, LTD., dba KERN & ASSOCIATES,)
LTD.,
)
)
Defendants.
)
___________________________________ )

3:16-cv-00714-MMD-WGC
MINUTES OF THE COURT
August 29, 2017

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is the motion of James M. Walsh, Esq., of Walsh, Baker & Rosevear to
withdraw as counsel for Defendants Ravenstar Investments, LLC, and Ronald L. Brandon (ECF No.
52). No timely response has been filed. Therefore, counsel's motion (ECF No. 52) is GRANTED.
Although 28 U.S.C. § 1654 allows “parties” to “plead and conduct their own cases
personally,” the statute has not been interpreted to allow corporate entities to do so. “Corporations
and other unincorporated associations must appear in court through an attorney.” In re America W.
Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (citations omitted). This rule “prohibits
pro se plaintiffs from pursuing claims on behalf of others in a representative capacity.” Simon v.
Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008); see also C.E. Pope Equity Trust v. United
States, 818 F.2d 696, 697 (9th Cir. 1987) (trustee may not appear pro se because he is not the person
who by substantive law has the right sought to be enforced).
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MINUTES OF THE COURT
3:16-cv-00714-MMD-WGC
August 29, 2017
Page Two

As Judge Hicks noted in HDR Insurance Managers, LLC v. Summit Insurance Services, Inc.,
No. 2:09-cv-0380-LRH-GWF (D. Nv. 2011),
It is well recognized that a corporation may only appear in federal
court through licensed counsel. See e.g., Rowland v. California Mens
Colony, Unit II Mens’Advisotry Council, 506 U.S. 194, 200-201
(1983); In re Highley, 459 F.3d 554, 555 (9th Cir. 1972).
IT IS HEREBY ORDERED that Defendant Ravenstar Investments, LLC, shall file a
substitution of counsel within thirty (30) days of this order, i.e., on or before Friday, September 29,
2017.
IT IS FURTHER ORDERED that a copy of this order and all documents filed until
Defendant Ravenstar Investments, LLC, obtains counsel shall be served on Ravenstar Investments,
LLC, via regular mail at the following address:
Ravenstar Investments, LLC
Attn: Ronald Brandon
Post Office Box 7752
Reno, Nevada 89510
IT IS SO ORDERED.

DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk