Agha-Khan v. Bank of America et al

Filing 60

ORDER on Pro Se filings signed by District Judge Dale A. Drozd on 4/14/2017. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SALMA AGHA-KHAN, 12 Plaintiff, 13 14 No. 1:17-cv-00011-DAD v. ORDER ON PRO SE FILINGS BANK OF AMERICA, et al., 15 Defendants. 16 Plaintiff Salma Agha-Khan initially brought this action proceeding in propria persona. 17 18 (Doc. No. 1 at 10–61.) However, on April 7, 2017, attorney Joseph Shemaria filed a notice 19 indicating that he was appearing as retained counsel of record on behalf of plaintiff Salma Agha- 20 Khan in this action. (Doc. Nos. 56 and 57.) Despite now being represented by counsel in this 21 civil action, on April 12, 2017, plaintiff Agha-Khan nonetheless lodged with the court a multitude 22 of documents on her own behalf. 23 A litigant who is represented by counsel is not entitled to file documents with the court on 24 their own behalf. See Franklin v. Knowles, 428 Fed. Appx. 777, at *1 (9th Cir. 2011)1 (“Because 25 appellant is represented by counsel, only counsel may submit filings.”); Meador v. Hammer, No. 26 2:11-cv-3342 KJM AC P, 2015 WL 1238363, at *2 (E.D. Cal. Mar. 16, 2015) (“[P]laintiff has 27 28 1 Citation to this unpublished Ninth Circuit opinion is appropriate pursuant to Ninth Circuit Rule 36–3(b). 1 1 previously been warned that pro se filings will be disregarded so long as he is represented by 2 counsel. . . . For these reasons, the court will disregard plaintiff’s pro se filing.”); Reiffin v. 3 Microsoft Corp., No. C 98-0266 WHA, 2011 WL 2359059, at *1 (N.D. Cal. June 10, 2011) 4 (“[P]laintiff . . . himself—despite being represented by counsel—made a series of ‘pro se’ filings 5 in the district court. These filings, which have since been stricken as improper . . . .”) 6 The court therefore declines to accept for filing the documents lodged by plaintiff on her 7 own behalf since the appearance of counsel on her behalf in this action. The court recommends 8 to plaintiff that she submit any such documents to her counsel for review. All court filings with 9 the court made on behalf of plaintiff must be submitted by her counsel of record. Any documents 10 submitted by plaintiff on her own behalf will not be filed on the docket and will be disregarded by 11 the court. 12 IT IS SO ORDERED. 13 Dated: April 14, 2017 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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