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Columbia Dentistry, LLC v. Emmen Holdings, LLC

United States District Court, D. South Carolina, Columbia Division

April 3, 2018

Columbia Dentistry, LLC; Dr. Annette I Riley; Roy Riley Bey, Plaintiffs,
v.
Emmen Holdings, LLC; Madna Holdings, LLC; Nassimi Reality, LLC; Eakjv Holding, LLC; Nassimi Brick Plaza, Inc.; Nassimi Soho Development, LLC, Defendants.

          ORDER

          PAIGE J. GOSSETT UNITED STATES MAGISTRATE JUDGE

         This is a civil action was filed on March 29, 2018 with three unrepresented litigants listed as plaintiffs in the caption. Under Local Civil Rule 73.02(B)(2) (D.S.C.), pretrial proceedings in this action have been referred to the assigned United States Magistrate Judge.

         TO COLUMBIA DENTISTRY, LLC:

         One of the three listed plaintiffs is Columbia Dentistry, LLC, which, by its name, appears to be a corporate entity. However, as a corporate litigant, Columbia Dentistry, LLC is warned that it cannot proceed without counsel in this action. While 28 U.S.C. § 1654 allows individuals to “plead and conduct their own cases personally, ” the statute does not extend that right to represent other parties. “Courts [] have interpreted this section to preclude a corporation from appearing through a lay representative.” Eagle Assocs. v. Bank of Montreal, 926 F.2d, 1305, 1308 (2d Cir. 1991) (collecting cases); see also Ashbaugh v. Corp. of Bolivar, 481 F. App'x 840 (2012). This order constitutes final notice to Plaintiff Columbia Dentistry, LLC that it cannot proceed without counsel in this action. Plaintiff Columbia Dentistry, LLC must obtain counsel within fifty (50) days or this case may be dismissed for failure to comply with an order of the court.

         TO PLAINTIFFS:

         Plaintiffs must place the civil action number listed above (C/A No. 3:18-865-JMC-PJG) on any document provided to the court pursuant to this order. Any future filings in this case must be sent to the address below (901 Richland Street, Columbia, South Carolina 29201). All documents requiring a plaintiff's signature shall be signed with the plaintiff's full legal name written in the plaintiff's own handwriting. Pro se litigants shall not use the “s/typed name” format used in the Electronic Case Filing System. In all future filings with this court, the plaintiffs are directed to use letter-sized (8½ inches by 11 inches) paper only, to write or type text on one side of a sheet of paper only and not to write or type on both sides of any sheet of paper. The plaintiffs are further instructed not to write to the edge of the paper, but to maintain one inch margins on the top, bottom, and sides of each paper submitted.

         The plaintiffs are pro se litigants. Therefore, the plaintiffs' attentions are directed to the following important notice:

You are ordered to always keep the Clerk of Court advised in writing (901 Richland Street, Columbia, South Carolina 29201) if your address changes for any reason, so as to assure that orders or other matters that specify deadlines for you to meet will be received by you. If, as a result of your failure to comply with this order, you fail to meet a deadline set by this court, your case may be dismissed for violating this order. Therefore, if you have a change of address before this case is ended, you must comply with this order by immediately advising the Clerk of Court in writing of such change of address and providing the court with the docket number of all pending cases you have filed with this court. Your failure to do so will not be excused by the court.

         TO THE CLERK OF COURT:

         The Clerk of Court shall mail a copy of this order to all of the plaintiffs. The Clerk of Court shall forward this file to the assigned United States Magistrate Judge for a recommendation upon the expiration of the deadline set in this order. See In Re: Procedures in Civil Actions Filed by Non-Prisoner Pro Se Litigants, No. 3:07-mc-5015-JFA.

         The Office of the Clerk of Court shall not enter any change of address submitted by the plaintiffs that directs that mail be sent to a person other than the plaintiff unless that person is an attorney admitted to practice before this court who has entered a formal appearance.

         IT IS SO ORDERED.

         IMPORTANT INFORMATION . . . PLEASE READ CAREFULLY WARNING TO PRO SE PARTY OR NONPARTY FILERS

         All documents that you file with the court will be available to the public on the internet through PACER (Public Access to Court Electronic Records) and the court's Electronic Case Filing System. CERTAIN PERSONAL IDENTIFYING INFORMATION SHOULD NOT BE INCLUDED IN OR SHOULD BE ...


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