Delson v. Warszawa Building Partnership et al

Filing 12

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 6/23/2011 10:00 AM. Show Cause Response due by 6/9/2011.. Signed by Judge Maria-Elena James on 5/26/2011. (cdnS, COURT STAFF) (Filed on 5/26/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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WALTER DELSON,
No. C 11-01280 MEJ

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Plaintiff,
v.

ORDER TO SHOW CAUSE

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WARSZAWA BUILDING PARTNERSHIP,
CAFÉ GRATITUDE LLC,

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Defendants.
_____________________________________/

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Plaintiff Walter Delson initiated the above-captioned matter on March 16, 2011, by filing a
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Complaint under the Americans with Disabilities Act. On May 2, 2011, Defendant Café Gratitude
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LLC filed an Answer. Dkt. No. 5. However, Plaintiff subsequently filed a motion to strike
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For the Northern District of California

UNITED STATES DISTRICT COURT

Defendant’s Answer, arguing that it violated Civil Local Rule 3-4(a) because it listed no contact
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information for the filing attorney or party. Dkt. No. 6. The Court granted Plaintiff’s motion on
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May 5, 2011. Dkt. No. 7.
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On May 17, 2011, Defendant filed a revised Answer, this time including the name of the
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filer, Henri Norris, and contact information for Café Gratitude. Dkt. No. 9. Plaintiff has now
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responded with a second motion to strike, arguing that Defendant’s revised answer is improper
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because it is signed by an individual who is not a member of the California Bar. Pursuant to Civil
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Local Rule 3-9(b), “A corporation, unincorporated association, partnership or other such entity may
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appear only through a member of the bar of this Court.” Thus, as it appears that Mr. Norris is not a
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member of the bar, Defendant’s answer is improper. Accordingly, the Court hereby ORDERS
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Defendant Café Gratitude LLC to show cause why default should not be entered against it for failure
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to comply with court rules. Defendant shall file a declaration by June 9, 2011, and the Court shall
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conduct a hearing on June 23, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate
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Avenue, San Francisco, California.
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IT IS SO ORDERED.
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Dated: May 26, 2011
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_______________________________
Maria-Elena James
Chief United States Magistrate Judge