Central Valley Ranch, LLC et al v. World Wide Investments, LLC II et al

Filing 22

ORDER TAKING Plaintiffs' Motion to Strike Answer OFF CALENDAR and ORDER REQUIRING Defendants Wolfe and Pilosi to SHOW CAUSE Why Serenity's Answer Should Not Be Stricken From the Record, signed by Magistrate Judge Dennis L. Beck on 4/19/2010. Show Cause Response due by 5/10/2010. (Jessen, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 Plaintiffs Central Valley Ranch, LLC, Gordon W. Shaw Properties, Inc. and William 17 Barkett ("Plaintiffs") filed this action on January 5, 2010. 18 Plaintiffs filed a motion to strike the answer of Serenity Financial Group ("Serenity") on 19 March 22, 2010. Serenity's answer was filed by pro se defendants Raviv Wolfe and Bryan 20 Pilosi. Plaintiffs move to strike the answer based on the failure of Serenity, a business entity, to 21 be represented by an attorney. See, e.g., Rowland v. California Men's Colony, 506 U.S. 194, 22 201-202 (1993) (noting that 28 U.S.C. § 1654 does not allow corporations, partnerships, or 23 associations to appear in federal court otherwise than through a licensed attorney); C.E. Pope 24 Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (a non-attorney may appear in 25 pro per on his own behalf, but he has no authority to appear as an attorney for others); Local Rule 26 183(a). The motion is set for hearing on April 23, 2010. 27 28 1 CENTRAL VALLEY RANCH, LLC, et al., ) ) ) ) Plaintiffs, ) ) v. ) ) WORLD WIDE INVESTMENTS, LLC II, ) et al., ) ) ) Defendants. ) ) 1:10cv020 LJO DLB ORDER TAKING PLAINTIFFS' MOTION TO STRIKE ANSWER OFF CALENDAR (Document 13) ORDER TO SHOW CAUSE

UNITED STATES DISTRICT COURT

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On April 13, 2010, the Court held a scheduling conference, which was attended by Plaintiffs' counsel and Defendants Wolfe and Pilosi in pro se. The Court continued the scheduling conference in order to resolve the pending motion and to allow Defendants to retain counsel. To date, Defendants have not notified the Court regarding the retention of counsel or filed a response to the motion to strike. Accordingly, the pending motion to strike is TAKEN OFF CALENDAR. Defendants Wolfe and Pilosi are ordered to show cause, if any they have, why Serenity's answer should not be stricken. Defendants are ORDERED to file a response to this order to show cause, or notice of appearance by counsel for Serenity, within twenty (20) days of the date of service of this order. Failure to do so will result in a recommendation that Serenity's answer be stricken from the record.

IT IS SO ORDERED. Dated:

April 19, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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