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Brown v. Synovus Bank

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

July 9, 2018

Orlando Ira Brown, on behalf of; International Recovery Services, LLC; International Trade Finance, LLC; Standard Commerce Bank, Plaintiffs,
v.
Synovus Bank; SunTrust Bank, Defendants.

          ORDER

          PAIGE J. GOSSET, UNITED STATES MAGISTRATE JUDGE.

         This is a civil action filed by a pro se litigant, Orlando Ira Brown (“Plaintiff”). 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 PLAINTIFF:

         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 Fed.Appx. 840 (2012). Thus, International Recovery Services, LLC; International Trade Finance, LLC; and Standard Commerce Bank, cannot proceed without counsel in this action. The named corporate plaintiffs must obtain counsel within thirty (30) days or they will be terminated as plaintiffs in this case.

         Plaintiff must place the civil action number listed above (C/A No. 3:18-1348-MBS-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 Plaintiff's signature shall be signed with Plaintiff's full legal name written in 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, Plaintiff is 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. Plaintiff is 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.

         Plaintiff is a pro se litigant. Therefore, Plaintiffs attention is 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 Plaintiff. The Office of the Clerk of Court shall not enter any change of address submitted by Plaintiff which directs that mail be sent to a person other than 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 REMOVED FROM ALL DOCUMENTS BEFORE YOU SUBMIT THE DOCUMENTS TO THE COURT FOR FILING.

         Rule 5.2, Fed. R. Civ. P., provides for privacy protection of electronic or paper filings made with the court. Rule 5.2 applies to ALL documents submitted for filing, including pleadings, exhibits to pleadings, discovery responses, and any other document submitted by any party or nonparty for filing. Unless otherwise ordered by the court, a party or nonparty filer should not put certain types of an individual's personal identifying information in documents submitted for filing to any United States District Court. If it is necessary to file a document that already contains personal identifying information, the personal identifying information should be “blacked out” or redacted prior to submitting the document to the Clerk of Court ...


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