The opinion of the court was delivered by: Present: The Honorable R. Gary Klausner, United States District Judge
S. Williams (Not Present) Not Reported N/A
Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (IN CHAMBERS) Re: Dismissal of Plaintiff for Violation of Local Rule 83-2.10.1 and the Court's Order to Show Cause (DE 16); and Defendants Lhasa OMS Inc. and Matthew Pike's Motion to Dismiss (DE 4)
On June 25, 2012, K.S. Choi, d/b/a K.S. Corporation ("Plaintiff") filed a Complaint against Dong Bang Acupuncture, Inc. ("Dong Bang"), Kunsik Kim ("Kim"), Lhasa OMS, Inc. ("Lhasa"), Matthew Pike ("Pike"), and Does 1-10, inclusive for (1) breach of written contract, (2) unjust enrichment, and (3) injunction in California Superior Court. On August 1, 2012, Defendants removed this action to this Court.
Plaintiff appeared in this action pro se on behalf of K.S. Choi, d/b/a K.S. Corporation. An individual may appear in an action pro se pursuant to Local Rule 83-2.10.2; however, a corporation may not appearpro se pursuant to Local Rule 83-2.10.1. It is unclear from filings whether Plaintiff named as "K.S. Choi, d/b/a K.S. Corporation" is an individual or a corporation. To clarify this matter, on September 10, 2012, the Court ordered Plaintiff to show cause as to his legal status and his capacity to sue and defend by September 14, 2012.
Plaintiff has not responded to the September 10, 2012 order to show cause. Further, Plaintiff has not filed an Opposition to Defendants Lhasa OMS and Pike's Motion to Dismiss filed on August 7, 2012.
In light of the forgoing, the Court finds Plaintiff in violation of Local Rule 83-2.10.1, as a corporation may not appear pro se in an action. The Court DISMISSES Plaintiff's Complaint. The Court DENIES as moot Defendants' Lhasa OMS and Pike's Motion to Dismiss.
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