Martin v. Outbrain Inc.

Background

Ben J. Martin appears without a lawyer and asserts damages claims for himself and Nubai Ventures Inc. The opinion states that the fees for filing the action were paid and that the Clerk issued summonses.

Representation issue

Under 28 U.S.C. § 1654, a person may represent himself, or an attorney may represent a party. A nonlawyer generally may not bring a lawsuit on behalf of another entity. Courts generally require corporations, partnerships, associations, and other artificial entities to appear through an attorney. The opinion notes that some courts allow sole proprietorships to proceed without an attorney because they have no separate legal existence from their owners.

Martin did not allege that he is an attorney and did not specify that Nubai is his sole proprietorship. The opinion says that Nubai’s name appears to include an abbreviation indicating incorporation. If Nubai is a corporation or another artificial entity, Martin may not assert claims for it without a lawyer.

Order

The court granted Nubai 30 days’ leave to show, by filing a notice of appearance, that an attorney represents it. In the alternative, the court granted Martin 30 days’ leave to show cause, by declaration, why he is permitted to assert claims on Nubai’s behalf without a lawyer. The required notice or declaration was due December 1, 2023. Defendants were not required to respond until directed by the court.

The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The order addressed representation and appeal-fee status; it did not decide the underlying damages claims. Judge Dale E. Ho signed the order.