United States Securities and Exchange Commission v. Miller et al

Filing 11

ORDER directing that the 9 and 10 Answer and Letter-Form Motions to Stay be STRICKEN; Defendants Bear Investments and Business Consulting, LLC have 30 days from the entry of this Order to retain duly licensed counsel. Signed by Judge Irene C. Berger on 9/24/2024. (cc: counsel of record; any unrepresented party) (kew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION,
Plaintiff,
v.

CIVIL ACTION NO. 2:24-cv-00479

THEODORE MILLER, et al.,
Defendants.

ORDER
The Court has reviewed the letter-form answer/motion to stay (Document 9) filed as to
Defendant Bear Investments and Business Consulting, LLC, and the letter-form answer/motion to
stay (Document 10) filed as to Defendant Bear Industries, LLC. Both pleadings have been filed
by Defendant Theodore Miller, who appears to be a non-attorney owner of these companies. As
limited liability companies, neither Bear Investments and Business Consulting, LLC, nor Bear
Industries, LLC, may appear in federal court without a licensed attorney.
“It has been the law for the better part of two centuries . . . that a corporation may appear
in the federal courts only through licensed counsel.” Rowland v. California Men’s Colony, Unit
II Men’s Advisory Council, 506 U.S. 194, 201–02 (1993) (citing Osborn v. President of Bank of
United States, 9 Wheat. 738, 829, 6 L.Ed. 204 (1824)). Accordingly, “the lower courts have
uniformly held that 28 U.S.C. § 1654, providing that ‘parties may plead and conduct their own
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cases personally or by counsel,’ does not allow corporations, partnerships, or associations to
appear in federal court otherwise than through a licensed attorney.” Id. (collecting cases); see
Givens v. Longwell, No. 5:22-CV-290, 2023 WL 4544467, at *3–4 (N.D.W. Va. July 5, 2023),
aff’d, No. 23-1739, 2023 WL 8064747 (4th Cir. Nov. 21, 2023) (“It has uniformly been held by
the Fourth Circuit and all of the other circuits that the provisions of 28 U.S.C. § 1654 prohibit a
non-attorney individual from representing a corporation in the federal courts.”); Microsoft Corp.
v. Computer Serv. & Repair, Inc., 312 F.Supp.2d 779, 780 (E.D.N.C.2004) (“[T]he law is well
established that a corporation cannot appear pro se.”).

Likewise, the Fourth Circuit has

repeatedly considered—and rejected—the right of individuals to litigate pro se on behalf of others.
Wojcicki v. SCANA/SCE&G, 947 F.3d 240, 244 (4th Cir. 2020) (finding pro se relator cannot bring
a qui tam FCA action) (citing Myers v. Loudoun Cty. Pub. Sch., 418 F.3d 395, 401 (4th Cir. 2005)
(holding “that non-attorney parents generally may not litigate the claims of their minor children in
federal court.”)).
Wherefore, after careful consideration, the Court ORDERS that Documents 9 and 10 be
STRICKEN inasmuch as Theodore Miller appears to be a non-attorney who improperly filed
answers on behalf of Bear Investments and Business Consulting, LLC, and Bear Industries, LLC,
which are, therefore, acting without an attorney.
The Court ORDERS that Defendant Bear Investments and Business Consulting, LLC,
and Defendant Bear Industries, LLC, have thirty (30) days from the entry of this Order to
retain duly licensed counsel to note an appearance and represent them in this matter.
Further, the Court notes that, without the appearance of counsel, there is a risk of default being
entered against Bear Investments and Business Consulting, LLC, and Bear Industries, LLC.
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The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and to
any unrepresented party.
ENTER:

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September 24, 2024