Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholdrs of the CWALT, Inc., Alternative Loan Trust 2005-47CB, Mortgage Pass-Through Certificates, Series 2005-47CB v. Thousand Island 1960, LLC
Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholdrs of the CWALT, Inc., Alternative Loan Trust 2005-47CB, Mortgage Pass-Through Certificates, Series 2005-47CB v. Thousand Island 1960, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
THE BANK OF NEW YORK MELLON ) 3:20-cv-00095-LRH-WGC FKA THE BANK OF NEW YORK ) AS TRUSTEE FOR THE ) MINUTES OF THE COURT CERTIFICATEHOLDERS OF THE ) CWALT, INC., ALTERNATIVE LOAN ) July 13, 2020 TRUST 2005-47CB, MORTAGE ) PASS-THROUGH CERTIFICATES, ) SERIES 2005-47CB, ) ) Plaintiff, ) vs. ) ) THOUSAND ISLAND 1960, LLC, et al., ) ) Defendants. ) ____________________________________ ) PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE DEPUTY CLERK: KAREN WALKER 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 Sarah Morris, Esq., and Timothy A. Wiseman, Esq., of the Morris Law Center, to withdraw as counsel for Defendant Thousand Island 1960, LLC, (ECF No. 17). Counsels’ motion was served on Thousand Island 1960, LLC (ECF No. 17 at 7). No timely response has been filed. Therefore, counsels’ motion (ECF No. 17) is GRANTED.
Although
28 U.S.C. § 1654allows “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).
/// MINUTES OF THE COURT 3:20-cv-00095-LRH-WGC July 13, 2020 Page Two ____________________________/
As Judge Hicks noted in HDR Insurance Managers, LLC v. Summit Insurance Services, Inc., No. 2:09-cv-0380-LRH-GWF (D. Nev. 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’ Advisory 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 Thousand Island 1960, LLC, shall file a substitution of counsel within thirty (30) days of this order, i.e., on or before Monday, August 17, 2020. Thousand Island 1960, LLC, should be aware that if it fails to timely secure replacement counsel, its participation in the Tran-Thousand Island Motion to Dismiss (ECF No. 9) may be terminated.
IT IS FURTHER ORDERED that a copy of this order and all documents filed until Defendant Thousand Island 1960, LLC, obtains counsel shall be served on Thousand Island 1960, LLC, via regular mail at the following addresses:
Thousand Island 1960, LLC Post Office Box 18251 Reno, Nevada 89511
Thousand Island 1960, LLC 3225 McLeod Drive, Suite 100 Las Vegas, Nevada 89121
DEBRA K. KEMPI, CLERK
By: /s/______________________ Deputy Clerk
Reference
- Status
- Unknown