Chamberlain Family Trust v. People of the State of Colorado, The
| People of the State of Colorado, The |
| Chamberlain Family Trust |
| 1:2023cv00441 |
| February 16, 2023 |
| US District Court for the District of Colorado |
| Regina M Rodriguez |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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Filing 7
ORDER striking #6 Motion for Default Judgment. As the Court stated in its Order striking the Petitioner's Pleading in this matter, while "individuals may represent their own personal interests without an attorney, artificial entities may appear in court only through licensed counsel." ECF No. 4 (quoting In re Wilson, 860 F. App'x 147, 150 (10th Cir. 2021)). "Trusts are artificial entities that exist independently of their trustees. So if the trustee is not a licensed attorney, he or she cannot represent the trust." Id. (citations omitted); see also, e.g., Amoco Prod. Co. v. Aspen Grp., 25 F. Supp. 2d 1162, 116667 (D. Colo. 1998) (collecting cases) (striking the pleading filed by trustees on behalf of a trust); D.C.COLO.LAttyR 5(b) ("Where the client of the withdrawing attorney is a corporation, partnership, or other legal entity, the notice shall state that such entity may not appear without counsel admitted to the bar of this court, and that absent prompt appearance of substitute counsel, pleadings and papers may be stricken, and default judgment or other sanctions may be imposed against the entity."). No attorney has entered an appearance on behalf of Petitioner the Chamberlain Family Trust in this case, and, as the Court previously stated, Petitioner may not proceed pro se. Therefore, the Court again STRIKES the Petitioner's filing, specifically, the Motion for Default Judgment filed a ECF No. #6 . The Court FURTHER ORDERS that a copy of this Order shall be sent to the following:Chamberlain Family Trust11757 West Ken Caryl AveUnit F-134Littleton, CO 80127SO ORDERED by Judge Regina M. Rodriguez on 3/16/2023. Text Only Entry(rmrja)
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| Filing 6 STRICKEN MOTION for Default Judgment, by Petitioner Chamberlain Family Trust. (angar, ) Modified on 3/17/2023 to show as stricken pursuant to 7 Order (angar, ). |
| Filing 5 CERTIFICATE of Service by Mail by Clerk of Court re 4 Order - mailed to Chamberlain Family Trust11757 West Ken Caryl AveUnit F-134Littleton, CO 80127 Text Only Entry (angar, ) |
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Filing 4
ORDER striking #1 Petitioner's Pleading. Petitioner Chamberlain Family Trust, proceeding pro se, has filed a document purporting to be a "common law counterclaim in admiralty" and "notice lis pendens." ECF No. #1 at 2. The pleading is signed by "Raymond Todd Surface, Trustee." Id. at 6. However, while "individuals may represent their own personal interests without an attorney, artificial entities may appear in court only through licensed counsel." In re Wilson, 860 F. App'x 147, 150 (10th Cir. 2021) (dismissing the appeal). "Trusts are artificial entities that exist independently of their trustees. So if the trustee is not a licensed attorney, he or she cannot represent the trust." Id. (citations omitted); see also, e.g., Prod. Co. v. Aspen Grp., 25 F. Supp. 2d 1162, 116667 (D. Colo. 1998) (collecting cases) (striking the pleading filed by trustees on behalf of a trust); D.C.COLO.LAttyR 5(b) ("Where the client of the withdrawing attorney is a corporation, partnership, or other legal entity, the notice shall state that such entity may not appear without counsel admitted to the bar of this court, and that absent prompt appearance of substitute counsel, pleadings and papers may be stricken, and default judgment or other sanctions may be imposed against the entity."). It does not appear that Raymond Todd Surface is an attorney admitted to the bar of this court, and the Chamberlain Family Trust may not proceed pro se. Therefore, the Court STRIKES the pleading filed at ECF No. #1 . The Court FURTHER ORDERS that this Order shall be sent to the following:Chamberlain Family Trust11757 West Ken Caryl AveUnit F-134Littleton, CO 80127SO ORDERED. by Judge Regina M. Rodriguez on 2/22/2023. Text Only Entry (rmrja)
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| Filing 3 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (blaws) |
| Filing 2 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws) |
| Filing 1 STRICKEN Common Law Counterclaim in Admiralty / Notice lis pendens against People of the State of Colorado, The (Filing Fee: $402.00 Receipt Number: 106053), filed by Chamberlain Family Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Summons) (blaws) Modified on 2/23/2023 to show as stricken pursuant to 4 Order (angar, ). |
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