(PS) Torres v. Taqueria El Taco Naco et al.,

Filing 10

ORDER signed by Magistrate Judge Chi Soo Kim on 10/23/24 DENYING 7 Motion for Extension of Time as premature; Clerk to UPDATE 6 Answer to reflect filed by Defendant Jorge Garcia only and Defendant Taqueria El Taco Naco ORDERED to file a response to the Complaint within 30 days. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SERGIO TORRES,

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Plaintiff,

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v.

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TAQUERIA EL TACO NACO, et al.,

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Defendants.

Case No. 2:24-cv-01989-DAD-CSK (PS)
ORDER DENYING DEFENDANT
GARCIA’S MOTION FOR AN EXTENSION
OF TIME AND ORDERING DEFENDANT
TAQUERIA EL TACO NACO TO
RESPOND TO THE COMPLAINT
(ECF No. 7)

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Defendant Jorge Garcia proceeds in this action in pro per. 1 Pending before the

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Court is Defendant Garcia’s motion for an extension of time to obtain legal counsel.

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(ECF No. 7.) Defendant Garcia seeks additional time to retain legal counsel to represent

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himself and what appears to be Defendant Taqueria El Taco Naco. Id. Plaintiff Sergio

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Torres filed an opposition indicating, in part, he “does not oppose an extension of time

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for Defendants to file a responsive pleading” but requests that the Court issue case

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deadlines to avoid “an indefinite pause” in the action. ECF No. 9 at 2. Because there are

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currently no case deadlines set in this action, Defendant Garcia’s motion for an

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extension of time is denied as premature. Case deadlines will be set after the filing of

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Defendant Taqueria El Taco Naco’s response to the Complaint.

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This action has been assigned to Magistrate Judge Chi Soo Kim pursuant to 28
U.S.C. § 636, Fed. R. Civ. P. 72, and Local Rule 302(c)(21). (ECF No. 8.)
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In addition, Defendant Taqueria El Taco Naco, a business entity, may not be

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represented by a pro se defendant. A corporation or other entity must be represented by

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licensed counsel. See, e.g., Rowland v. California Men's Colony, 506 U.S. 194, 201-202

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(1993) (noting that 28 U.S.C. § 1654 does not allow corporations, partnerships, or

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associations to appear in federal court other than through a licensed attorney). Further,

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Local Rule 183(a) provides that “[a]ny individual who is representing himself...without an

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attorney must appear personally or by courtesy appearance by an attorney admitted to

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the Bar of this Court and may not delegate that duty to any other individual...or any other

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party on the same side appearing without an attorney.” See also C.E. Pope Equity Trust

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v. United States, 818 F.2d 696, 697 (9th Cir. 1987) (a non-attorney may appear in pro

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per on his own behalf, but he has no authority to appear as an attorney for others).

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Accordingly, Defendant Garcia is warned that he may not file pleadings or other

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documents on behalf of Defendant Taqueria El Taco Naco as a pro per defendant.

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Defendant Taqueria El Taco Naco may not appear in this action without counsel.

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On September 4, 2024, Defendant Garcia filed an Answer to the Complaint. (ECF

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No. 6.)2 Although the docket reflects that an Answer was filed on behalf of all

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Defendants, review of the Answer indicates it was filed on behalf of Defendant Garcia

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only. See id. Defendant Taqueria El Taco Naco is ordered to file a response to the

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Complaint within 30 days of service of this order.

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ORDER

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In conclusion, the Court ORDERS:

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1. Defendant Garcia’s motion for an extension of time (ECF No. 7) is DENIED as

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premature;

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2. The Clerk is directed to update the docket to reflect that the Answer (ECF No. 6)

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filed on September 4, 2024 is filed on behalf of Defendant Jorge Garcia only; and
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The Court will direct the Clerk of the Court to correct and update the docket to reflect
this discrepancy.
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3. Defendant Taqueria El Taco Naco is ordered to file a response to the Complaint
within 30 days of the service of this order.

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Dated: October 23, 2024

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4, torr1989.24

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