Cervantes v. Eng
Filing
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ORDER STRIKING ANSWER 4 signed by District Judge Dale A. Drozd on 3/12/2018. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AURORA CERVANTES,
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Plaintiff,
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v.
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DARREL ENG,
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No. 1:17-cv-01771-DAD-MJS
ORDER STRIKING ANSWER
(Doc. No. 4)
Defendant.
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On March 12, 2018, an answer was filed in this action, purportedly on behalf of defendant
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Darrel Eng. (Doc. No. 4.) That answer was signed by Erik Barbic, who is not a named defendant
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in this action and does not appear to be an attorney.
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Pursuant to Rule 11(a) of the Federal Rules of Civil Procedure, any pleading must be
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signed by “at least one attorney of record in the attorney’s name—or by a party personally if the
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party is unrepresented.” Local Rule 131 further provides that “[t]he name, address, telephone
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number, and the California State Bar membership number of all attorneys . . . shall appear in the
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upper left-hand corner of the first page of each document presented for filing.”
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Here, it is unclear what relationship Mr. Barbic has with defendant Eng and what
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authority Mr. Barbic has to appear in court on behalf of defendant Eng. Absent some indication
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that the answer was filed by an attorney or an individual with authority to appear pro se on behalf
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of defendant Eng in this action, the answer cannot be considered by the court.
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Accordingly, the answer (Doc. No. 4) is hereby stricken without prejudice to its re-filing
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in the event the above stated requirement can be met.
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IT IS SO ORDERED.
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Dated:
March 12, 2018
UNITED STATES DISTRICT JUDGE
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