Camara v. Bargain Bunch

Filing 9

ORDER STRIKING ANSWER (ECF NO. 8 ), signed by Magistrate Judge Michael J. Seng on 6/27/2017. (Lafata, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LICIA CAMARA,
Plaintiff,

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v.

Case No. 1:17-cv-00490-LJO-MJS
ORDER STRIKING ANSWER
(ECF NO. 8)

BARGAIN BUNCH
Defendant.

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On June 26, 2017, an answer was filed on behalf of Defendant Bargain Bunch.

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The answer purports to have been submitted by Bargain Bunch, pro se. It is signed by

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an unidentified individual and the signature is illegible.

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Pursuant to Rule 11(a) of the Federal Rules of Civil Procedure, any pleading must

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be signed by “at least one attorney of record in the attorney's name--or by a party

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personally if the party is unrepresented.” Here, it is unclear who submitted the motion on

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behalf of Bargain Bunch, that person’s relationship to Bargain Bunch, that person’s

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authority to appear in court on behalf of Bargain Bunch, and whether Bargain Bunch

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may be permitted to appear without an attorney in this action. Compare Rowland v. Cal.

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Men's Colony, 506 U.S. 194, 201–202 (1993) (noting that 28 U.S.C. § 1654 does not

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allow corporations, partnerships, or associations to appear in federal court other than

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through a licensed attorney), and Licht v. Am. W. Airlines, 40 F.3d 1058, 1059 (9th Cir.

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1994) (“Corporations and other unincorporated associations must appear in court

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through an attorney.”), with National Independent Theatre Exhibitors, Inc. v. Buena Vista

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Distribution Co., 748 F.2d 602, 609–10 (11th Cir. 1984) (noting that pursuant to 28

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U.S.C. § 1654, a sole proprietor could appear in federal court pro se). Absent some

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indication that the motion was filed by an attorney or an individual with authority to

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proceed pro se on behalf of Bargain Bunch is this action, the answer cannot be

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considered.

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Accordingly, the answer is HEREBY STRICKEN.

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IT IS SO ORDERED.
Dated:

June 27, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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