Al McZeal et al v. JP Morgan Chase Bank NA et al

Filing 9

MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE by Judge Percy Anderson: Because non-lawyer class representatives cannot appear pro se, the Court orders Plaintiffs to show cause in writing, no later than 11/14/2011, why the class action allegations should not be dismissed. Plaintiffs are ordered to personally serve a copy of this Order on any defendant that has already been served with the Complaint within seven court days of the date of this Order or at the time of service for any defendant that has not already been served. Court Reporter: N/A. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-7739 PA (PJWx)

Title

Al McZeal, et al. v. JP Morgan Chase Bank, NA, et al.

Present: The
Honorable

Date

October 20, 2011

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Paul Songco
Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS – ORDER TO SHOW CAUSE

The Court is in receipt of a putative Class Action Complaint filed by plaintiffs Al McZeal and
twenty other named plaintiffs (“Plaintiffs”). The Complaint alleges twenty-one claims on behalf of the
plaintiffs themselves and those similarly situated against forty defendants, including ten national
banking organizations, seven law firms, thirteen other corporate entities, seven attorneys, two nonattorney individuals, and one not-for-profit organization (“Defendants”). The named plaintiffs have
appeared in this action pro se and seek to represent a class for four of the twenty-one claims.
The four class claims are for: (1) conspiracy to violate the Racketeer Influenced Corrupt
Organization (“RICO”) Act, 18 U.S.C § 1961 et seq.; (2) conspiracy to violate the Truth in Lending Act,
15 U.S.C. § 1601 et seq.; (3) violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et
seq.; and (4) securities fraud under the Securities Act of 1933, 15 U.S.C. § 77a et seq.
The Complaint alleges additional claims, including breach of contract, tortious interference with
contract, civil rights violations, trespass, breach of duty of good faith and fair dealing, and deceptive
trade practices, and seeks declaratory and injunctive relief. In total, Plaintiffs seek 246 billion dollars in
damages.
Under Federal Rule of Civil Procedure 23(a)(4), a class representative must “fairly and
adequately protect the interests of the class.” Accordingly, “[a] litigant may bring his own claims to
federal court without counsel, but not the claims of others. This is so because the competence of a
layman is clearly too limited to allow him to risk the rights of others.” Flymbo v. State Farm Fire and
Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000) (internal quotations and citations omitted); see also
Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008) (“It is well-established that the privilege
to represent oneself pro se provided by § 1654 is personal to the litigant and does not extend to other
parties or entities.”). Because non-lawyer class representatives cannot appear pro se, the Court orders
Plaintiffs to show cause in writing, no later than November 14, 2011, why the class action allegations
should not be dismissed.
Plaintiffs are ordered to personally serve a copy of this Order on any defendant that has already
been served with the Complaint within seven (7) court days of the date of this Order or at the time of
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 11-7739 PA (PJWx)

Date

Title

October 20, 2011

Al McZeal, et al. v. JP Morgan Chase Bank, NA, et al.

service for any defendant that has not already been served.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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