The Negrete Tribe Trust v. David Killinger

Summary

The United States District Court for the Eastern District of California ordered Fernando Suarez Negrete to show cause regarding his purported pro se representation of The Negrete Tribe Trust. The court directed Negrete within 30 days either to retain counsel for the Trust, file an amended complaint asserting claims solely on his own behalf, or otherwise explain why the action should not be dismissed without prejudice.

Holdings

1. A trust must appear in federal court through a licensed attorney; a non-attorney trustee or beneficiary may not represent the trust pro se.
2. The privilege of appearing pro se is personal to the litigant and does not authorize the litigant to pursue claims on behalf of another person or entity in a representative capacity.

Questions Presented

1. Whether a trust may appear in federal court through a non-attorney pro se representative.
2. Whether a non-attorney litigant may proceed pro se on behalf of a trust or otherwise represent the interests of another entity.
3. Whether Negrete should be required to retain counsel for the Trust, amend the complaint to assert claims individually, or show cause why the action should not be dismissed without prejudice.

Disposition

other