Philip Pulver v. Battelle Memorial Institute , 536 F. App'x 730 ( 2013 )

FILED
NOT FOR PUBLICATION AUG 05 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PHILIP PULVER, No. 10-35906
Plaintiff - Appellant, D.C. No. 2:05-cv-05028-RHW
v.
MEMORANDUM *
BATTELLE MEMORIAL INSTITUTE, a
non-profit corporation; et al.
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Philip Pulver appeals pro se from the district court’s judgment dismissing
his diversity action alleging breach of contract and other claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
dismissal for lack of standing. Del. Valley Surgical Supply Inc. v. Johnson &
Johnson, 523 F.3d 1116, 1119 (9th Cir. 2008). We affirm.
The district court properly dismissed the action because Pulver was not a
party to the contract in his individual capacity and lacked standing to maintain the
corporate plaintiff’s breach of contract claim in his individual capacity following
the dismissal of the corporate plaintiff. See Sherman v. British Leyland Motors,
Ltd., 601 F.2d 429, 439-40 & n.13 (9th Cir. 1979) (president and sole stockholder
of corporation lacked standing in his individual capacity to assert contract claims
on behalf of corporation).
AFFIRMED.
2 10-35906