affirming district court’s entry of default judgment against the corporation when the 5 corporation failed to retain counsel for the duration of the litigation and attempted to proceed 6 through its unlicensed president and sole shareholder
How later courts described this case
- affirming district court’s entry of default judgment against the corporation when the 5 corporation failed to retain counsel for the duration of the litigation and attempted to proceed 6 through its unlicensed president and sole shareholder
- “a corporation may appear in the federal courts only through licensed counsel”
Written by the judges who cited it.
The opinion
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 BOARD OF TRUSTEES OF THE Case No. 20-cv-01791-JSC
LABORERS HEALTH AND WELFARE
8 TRUST FUND FOR NORTHERN
CALIFORNIA, et al., ORDER TO SHOW CAUSE TO
9 DEFENDANT
Plaintiffs,
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v.
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STUMP & SONS, INC.,
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Defendant.
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14 Plaintiffs Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern
15 California, et al., filed this ERISA action against Stump & Sons, Inc., alleging breach of a
16 collective bargaining agreement that required Stump & Sons to pay monthly employee fringe
17 benefit contributions to the trust funds administered by Plaintiffs. (Dkt. No. 1.) On May 21, 2020,
18 Defendant filed an answer to the complaint pro se though Ms. Joann Morgan who indicates that
19 Defendant cannot afford an attorney. (Dkt. No. 12 at 6-7.) However, a corporation cannot be
20 represented by a non-attorney. See Civ. L.R. 3-9(b) (“A corporation, unincorporated association,
21 partnership or other such entity may appear only through a member of the bar of this Court.”); see
22 also Rowland v. California Men’s Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202
23 (1993) (“a corporation may appear in the federal courts only through licensed counsel”).
24 Defendant is advised that it must obtain counsel to represent it in this action. Accordingly, on or
25 before June 25, 2020, counsel must make an appearance on Defendant’s behalf. Defendant
26 may contact the Legal Help Center, 450 Golden Gate Avenue, 15th Floor, Room 2796, Telephone
27 No. (415)-782-8982, for free assistance.
1 (Dkt. No. 10.) Ifno counsel appears on Defendant’s behalf by June 26, 2020, the Court will
2 || consider the motion for entry of default as default is the appropriate remedy for an unrepresented
3 corporation. See United States v. High Country Broadcasting Co., Inc., 3 F.3d 1244, 1245 (9th
4 Cir. 1993) (affirming district court’s entry of default judgment against the corporation when the
5 corporation failed to retain counsel for the duration of the litigation and attempted to proceed
6 through its unlicensed president and sole shareholder).
7
8 IT IS SO ORDERED.
9 Dated: June 5, 2020
11 ne
JAGQUELINE SCOTT CORL
12 United States Magistrate Judge
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