Tri-J Company, LLC et al

Filing 15

ORDER granting 8 Motion to Dismiss (Partial). Plaintiff Tri-J Company, LLC is ORDERED to retain counsel and to have counsel file a notice of appearance not later than October 16, 2015. Counsel should read the order in its entirety for additional information. Signed by Chief Judge James C. Dever III on 9/17/2015. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:15-CV-74-D

TRI-J COMPANY, LLC,
GARY JEFFREY, and
MYRANDA JEFFREY,
Plaintiffs,

v.
INTERNAL REVENUE SERVICE,
et al.,
Defendants.

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ORDER

On May 8, 2015, pro se plaintiffs Tri-J Company, LLC, Gary Jeffrey, and Myranda Jeffrey
filed a complaint seeking a tax refund for Tri-J Company, LLC [D.E. 1]. On May 18, 2015, the
clerk notified plaintiffs that a collective entity (including an LLC) must be represented by an
attorney [D .E. 7]. To date, no attorney has filed a notice of appearance on behalf of plaintiff Tri -J
Company, LLC. On August 6, 2015, the government filed a motion to dismiss plaintiffs Gary
Jeffrey and Myranda Jeffrey because they lack standing concerning the tax refund ofTri-J Company,
LLC. See [D.E. 8]. On August 31, 2015, plaintiffs responded in opposition. See [D.E. 13].
"[T]he parties may plead and conduct their own cases personally or by counsel ...." 28
U.S.C. § 1654. In federal court, the right to conduct a case personally, however, does not extend to
corporations, partnerships, or collective entities. See Rowland v. Cal. Men's Colony, 506 U.S. 194,
202 (1993); seeRZS HoldingsAVVv. PDVSAPetroleo S.A., 506 F.3d350, 354 n.3 (4th Cir.2007).
PlaintiffTri-J Company, LLC is a company and may not appear without counsel.

Plaintiff Tri-J Company, LLC is ORDERED to retain counsel and to have counsel file a
notice of appearance not later than October 16, 2015. The failure to do so may result in dismissal
without prejudice of Tri-J Company, LLC's complaint.

Moreover, the court GRANTS the

government's partial motion to dismiss [D.E. 8]. Gary Jeffrey and Myranda Jeffrey lack standing
and are DISMISSED as plaintiffs.
SO ORDERED. This J..2 day of September 2015.

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