Stiles v. Wal-Mart Stores Inc, et al

Filing 498

ORDER signed by Magistrate Judge Dennis M. Cota on 9/23/2020 ORDERING that: Plaintiffs shall SHOW CAUSE in writing within 30 days of the date of this order why unrepresented corporate plaintiff Stiles 4 U, Inc., should not be dismissed; and STRIKING Plaintiffs' improper and deficient pro se filings, ECF Nos. 493 and 497 . (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHARIDAN STILES, et al.,

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Plaintiffs,
v.

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No. 2:14-CV-2234-KJM-DMC

ORDER

WALMART, INC., et al.,
Defendants.

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AND RELATED ACTIONS

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Plaintiffs, who are proceeding without counsel, bring this civil action. On July 14,

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2020, the Court granted plaintiffs’ counsel’s motion to withdraw in this and related actions. See

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ECF No. 486. That order provided that counsel’s withdrawal would be effective on September

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18, 2020. See id. As that date has now passed, counsel’s withdrawal is now effective and has

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been effective since September 18, 2020. Plaintiffs are now and have been since September 18,

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2020, proceeding without counsel.

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A plaintiff to this action is a corporate entity, Stiles 4 U, Inc. As a corporate entity

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may not appear without counsel, plaintiffs shall show cause in writing why Stile 4 U, Inc., should

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not be dismissed from this action.

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///
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Finally, the Court addresses improper pro se filings. On August 18, 2020 – while

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plaintiff was represented by counsel – plaintiff filed a document pro se entitled “Joint Status

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Report; Motion to Change Venue; Motion to Compel Witness Answers; Motion to Compel all

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Work Product.” See ECF No. 493. On September 13, 2020 – while plaintiff was represented by

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counsel – she filed a document pro se entitled :Motion’s [sic] to Recuse; Change of Venue;

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Remove Stay’s [sic]; Obstruction of Justice; Obstruction of Witness’s [sic]; Destruction of

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Evidence.” See ECF No. 497. Both filings are improper and will be stricken for two reasons.

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First, they are both filed pro se by a litigant who was at the time represented by counsel. Second,

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they are both deficient to the extent they seek relief by way of motions which are not properly

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noticed under the Local Rules.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiffs are and have been since September 18, 2020, proceeding pro se;

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2.

Plaintiffs shall show cause in writing within 30 days of the date of this

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order why unrepresented corporate plaintiff Stiles 4 U, Inc., should not be dismissed; and
3.

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Plaintiffs’ improper and deficient pro se filings, ECF Nos. 493 and 497, are

stricken.

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Dated: September 23, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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