(PS) Lee v. Charles Schwab & Co., Inc. et al

Filing 6

ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/6/2025 DENYING 2 Motion file electronically and REMINDING plaintiff that he must serve each defendant with a copy of the summons and complaint within ninety days of the date his complaint was filed. See Fed. R. Civ. P. 4(m) (Deputy Clerk RRB)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD J. LEE,

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Case No. 2:25-cv-0558-DC-JDP (PS)

Plaintiff,
v.

ORDER

CHARLES SCHWAB & CO., INC, et al.,
Defendants.

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Plaintiff, who is proceeding pro se, requests permission to file documents electronically in

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this action. ECF No. 2. Generally, “any person appearing pro se may not utilize electronic filing

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except with permission of the assigned Judge or Magistrate Judge.” E.D. Cal. L.R. 133(b)(2).

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“Requests to use paper or electronic filing as exceptions from these Rules shall be submitted as

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stipulations as provided in L.R. 143 or, if a stipulation cannot be had, as written motions setting

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out an explanation of reasons for the exception.” E.D. Cal. L.R. 133(b)(3).

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Plaintiff appears to argue that he should be permitted to file documents electronically so

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that he is not required to conventionally serve defendants’ counsel with each document he files in

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this case. ECF No. 2 at 2. Assuming each defendant appears through counsel, defendants will

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automatically receive service of all documents that plaintiff files through the court’s case

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management and electronic case files system. See E.D. Cal. L.R. 133(a) and 135(a). Further,

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plaintiff has not shown that he will suffer any prejudice by having to file paper documents with
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the clerk’s office. He therefore has not demonstrated good cause for a departure from the normal

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filing procedure for unrepresented litigants.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s request to file electronically, ECF No. 2, is DENIED.

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2. Plaintiff is reminded that he must serve each defendant with a copy of the summons

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and complaint within ninety days of the date his complaint was filed. See Fed. R. Civ. P. 4(m)

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(“If a defendant is not served within 90 days after the complaint is filed, the court—on motion or

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on its own after notice to the plaintiff—must dismiss the action without prejudice against that

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defendant or order that service be made within a specified time.”).

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IT IS SO ORDERED.

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Dated:
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March 6, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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