Case Information
*1 Case 2:15-cv-01298-APG-CWH Document 21 Filed 10/09/15 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA
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4 ZELTIQ AESTHETICS, INC., Case No. 2:15-cv-01298-APG-CWH 5 Plaintiff, ORDER (1) GRANTING IN PART AND
6 v. DENYING IN PART MOTIONS TO QUASH AND DISMISS AND (2) LUXURY LASER CENTER, LLC; STRIKING ANSWER JACQUELINE O’SHAUGHNESSY; HILLARY O’SHAUGHNESSY; JANNELLE (D KT . #15, #17) O’SHAUGNESSY; and SIDNI O’SHAUGHNESSY,
Defendants.
Defendant Jacqueline O’Shaughnessy, in proper person, moves to quash service and dismiss the complaint on behalf of herself and the other defendants: Luxury Laser Center, LLC, Jannelle O’Shaughnessy, Hillary O’Shaughnessy, and Sidni O’Shaughnessy. (Dkt. #15, #17.) Plaintiff Zeltiq Aesthetics, Inc. did not respond. I therefore grant the unopposed motion to quash and to dismiss as to defendant Jacqueline O’Shaughnessy only. LR 7-2(d).
In addition, defendant Jacqueline O’Shaughnessy filed an Answer on behalf of herself and all of the other defendants. (Dkt. #13.) Because Luxury LaserCenter, LLC is a limited liability company, it cannot appear on its own behalf and must be represented by counsel in this action. In re America W. Airlines , 40 F.3d 1058, 1059 (9th Cir. 1994) (“Corporations and other unincorporated associations must appear in court through an attorney.”). Because Jacqueline O’Shaughnessy is not a lawyer, she may not appear in federal court for or on behalf of Luxury Laser Center, LLC. Nor may she appear on behalf of the other individual defendants because a pro se litigant has no authority to appear in a representative capacity for anyone but herself. See Simon v. Hartford Life, Inc. , 546 F.3d 661, 664 (9th Cir. 2008) (“It is well established that the privilege to represent oneself pro se provided by [28 U.S.C.] § 1654 is personal to the litigant and *2 Case 2:15-cv-01298-APG-CWH Document 21 Filed 10/09/15 Page 2 of 2 does not extend to other parties or entities.”). Thus, I strike the answer (Dkt. #13) and deny the motions to quash and dismiss as to the defendants other than Jacqueline O’Shaughnessy.
IT IS THEREFORE ORDERED that the motion to quash (Dkt. #15) and motion to dismiss (Dkt. #17) are GRANTED in part and DENIED in part . The motions are granted as to defendant Jacqueline O’Shaughnessy only . The motions are denied as to all other defendants.
IT IS FURTHER ORDERED that the answer (Dkt. #13) is STRICKEN .
IT IS FURTHER ORDERED that the clerk of court shall update the address of Jacqueline O’Shaughnessy to the one listed on her latest filings: 4116 Mantle Ave, North Las Vegas, NV 89084.
DATED this 9 th day of October, 2015.
ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
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