Hackett v. Interscope Records, Inc.

Background

Plaintiffs Anastas Theodore Hackett and Traveling Man Productions, LLC brought this action against Interscope Records Inc., Chinsea Linda Lee, professionally known as Shenseea, Atal Music Limited, and Alexandre Escolier. The opinion concerns the plaintiffs’ representation, not the underlying claims.

Plaintiffs’ former counsel asked the court to stay the case for 45 days so plaintiffs could obtain new counsel. Defendants consented. The court instead stayed the case for 30 days and ordered plaintiffs to report on the status of their representation. Plaintiffs did not file the required letter. After the court ordered them to show why the case should not be dismissed for failure to prosecute, Hackett, acting without a lawyer, requested another 30 days to retain counsel. The court granted that request and warned that there would be no further extensions.

Hackett then filed a notice stating that he appeared without a lawyer for himself and purportedly for Traveling Man Productions, LLC. The court issued another order explaining that a limited liability company may appear in federal court only through a licensed attorney. It ordered plaintiffs to show why the LLC’s claims should not be dismissed and warned that the claims would be dismissed if counsel did not appear for the LLC.

Ruling

No lawyer appeared for Traveling Man Productions, LLC. The court therefore dismissed without prejudice all claims asserted by the LLC. “Without prejudice” means the opinion did not bar the LLC from bringing those claims again, although the opinion does not address any other requirements for doing so.

The court also admonished Hackett that he could proceed without a lawyer only to pursue his own claims and could not pursue claims on behalf of the LLC. The clerk was directed to lift the stay in the case. The order does not decide the merits of the underlying claims.