Sundby

Sundby v. Marquee Funding Group, Inc.

Good Law
United States District Court, Southern District of CaliforniaDecember 15, 20223:19-cv-00390California383 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DALE SUNDBY, Trustee, Case No.: 19-cv-00390-GPC-AHG

Plaintiff,

ORDER:

v. (1) MANDATING LEGAL

REPRESENTATION FOR TRUST;

MARQUEE FUNDING GROUP, INC., et

AND

al., (2) SETTING HEARING DATE Defendants. 16 [ECF 305] 17 In April 2021 the Court issued a judgment and order granting Mr. Sundby’s motions for statutory damages and denying Mr. Sundby’s motion for relief from summary judgment. (ECF 264.) Mr. Sundby appealed, (see ECF 267), and the Defendants cross- appealed, (see ECF 274), to the United States Court of Appeals for the Ninth Circuit. See Sundby v. Marquee Funding Grp., Inc., Nos. 21-55504 & 55582, 2022 WL 4826445 (9th Cir. Oct. 3, 2022). Addressing an argument not raised before the Court, the Ninth Circuit held that Mr. “Sundby, in his capacity as trustee,” could not represent the trust pro se. Id. at *1; see C.E. Pope Equity Trust v. United States, 818 F.2d 696,…

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