Commodity Futures Trading Commission v. Financial Tree et al

Filing 48

ORDER signed by District Judge Troy L. Nunley on 8/3/20 ORDERING that Mr. Jacobs's Application for permission to participate in electronic filing is DENIED without prejudice. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,

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No. 2:20-cv-01184-TLN-AC
v.

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FINANCIAL TREE dba FINANCIAL
TREE TRUST; FINANCIAL SOLUTION
GROUP dba FINANCIAL SOLUTION
GROUP TRUST; NEW MONEY
ADVISORS, LLC; THE LAW FIRM OF
JOHN GLENN, P.C.; JOHN D. BLACK
aka JOHN BARNES; CHRISTOPHER
MANCUSO; JOSEPH TUFO; and JOHN
P. GLENN,
Defendants;

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ORDER DENYING APPLICATION FOR
PERMISSION FOR ELECTRONIC
FILING

SUISSE GROUP (USA) LLC; JMC
INDUSTRIES LLC; LANDES CAPITAL
MANAGEMENT, LLC; KINGDOM
TRUST LLC; HERBERT CASWELL;
ANNE MANCUSO; and TYLER
MANCUSO,

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Relief Defendants.

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The Court is in receipt of Michael Jacobs’s ex parte Application for permission to

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participate in electronic filing, which Mr. Jacobs emailed to the Court on July 28, 2020. Mr.

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Jacobs is not a named party in this action but rather submits his Application on behalf of Relief

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Defendant Kingdom Trust LLC (“Kingdom Trust”).1

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The Court has reviewed Mr. Jacobs’s Application and DENIES the request without

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prejudice because: (1) the Application was not filed in compliance with the conventional filing

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rules set forth under Local Rule 133(a) and Federal Rule of Civil Procedure 5(d)(3)(B); (2) the

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emailed Application does not constitute a properly noticed motion or stipulation as required under

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Local Rule 133(b)(3); and (3) Mr. Jacobs, who is not himself a party to the litigation, does not

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appear to be a practicing attorney and therefore may not represent Kingdom Trust in the instant

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matter (L.R. 183(a)).

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The Eastern District of California is an electronic management/filing district (CM/ECF).

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Accordingly, attorneys are required to file all documents electronically unless excused by the

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Court. L.R. 133(a); see also L.R. 183(c). Conversely, unrepresented (pro se) persons are

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required to file and serve paper documents unless the assigned district judge or magistrate judge

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grants leave to utilize electronic filing. L.R. 133(a), (b)(2). A pro se party may apply for

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permission to utilize electronic filing by submitting either a stipulation pursuant to Local Rule

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143 or, if a stipulation is not possible, a motion which explains the reasons to permit the pro se

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party to electronically file documents. L.R. 133(b)(3).

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Although it appears Mr. Jacobs’s Application addresses the substantive requirements of a

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request to participate in electronic filing, the emailed Application does not comply with the Local

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Rules’ requirement that a pro se party file paper documents, nor does the Application constitute a

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stipulation or motion. See L.R. 133(a), (b)(2)–(3); L.R. 183(c).
Furthermore, pursuant to this District’s Local Rules, a corporation or other entity, such as

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Kingdom Trust LLC, may appear only by an attorney. L.R. 183(a). Nothing in the record

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indicates Mr. Jacobs is a practicing attorney. Indeed, the present request to utilize the Court’s

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Mr. Jacobs accepted service on behalf of Rudy Handler Jacobs, Principal of Kingdom
Trust, on July 8, 2020. (See ECF No. 18.)
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electronic filing system indicates he is a non-attorney wishing to proceed pro se on behalf of

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Kingdom Trust. But a non-attorney may not appear on behalf of Kingdom Trust in the instant

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matter. L.R. 183(a).

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Accordingly, IT IS HEREBY ORDERED that Mr. Jacobs’s Application for permission to
participate in electronic filing is DENIED without prejudice.
IT IS SO ORDERED.
DATED: August 3, 2020

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Troy L. Nunley
United States District Judge

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