Camara v. Bargain Bunch

Filing 7

ORDER DENYING, WITHOUT PREJUDICE, FIRST REQUEST FOR EXTENSION OF TIME TO FILE ANSWER (ECF NO. 6 ), signed by Magistrate Judge Michael J. Seng on 6/8/2017. (Lafata, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LICIA CAMARA, Plaintiff, 11 12 13 14 v. BARGAIN BUNCH Case No. 1:17-cv-00490-LJO-MJS ORDER DENYING, WITHOUT PREJUDICE, FIRST REQUEST FOR EXTENSION OF TIME TO FILE ANSWER (ECF NO. 6) Defendant. 15 16 17 18 On June 5, 2017, a motion for extension of time to file an answer was filed on 19 behalf of Defendant Bargain Bunch. The motion was submitted by “Bargain Bunch, pro 20 se.” It is signed by an unidentified individual and the signature is illegible. 21 Pursuant to Rule 11(a) of the Federal Rules of Civil Procedure, any motion must 22 be signed by “at least one attorney of record in the attorney's name--or by a party 23 personally if the party is unrepresented.” Here, it is unclear who submitted the motion on 24 behalf of Bargain Bunch, that person’s relationship to Bargain Bunch, that person’s 25 authority to appear in court on behalf of Bargain Bunch, and whether Bargain Bunch 26 may be permitted to appear without an attorney in this action. Compare Rowland v. Cal. 27 Men's Colony, 506 U.S. 194, 201–202 (1993) (noting that 28 U.S.C. § 1654 does not 28 1 allow corporations, partnerships, or associations to appear in federal court other than 2 through a licensed attorney), and Licht v. Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir. 3 1994) (“Corporations and other unincorporated associations must appear in court 4 through an attorney.”), with National Independent Theatre Exhibitors, Inc. v. Buena Vista 5 Distribution Co., 748 F.2d 602, 609–10 (11th Cir. 1984) (noting that pursuant to 28 6 U.S.C. § 1654, a sole proprietor could appear in federal court pro se). Absent some 7 indication that the motion was filed by an attorney or an individual with authority to 8 proceed pro se on behalf of Bargain Bunch is this action, the motion must be denied. 9 Accordingly, the motion is HEREBY DENIED without prejudice. 10 11 12 IT IS SO ORDERED. Dated: June 8, 2017 /s/ 13 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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