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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 WALTER DELSON, No. C 11-01280 MEJ 4 Plaintiff, v. ORDER TO SHOW CAUSE 5 6 WARSZAWA BUILDING PARTNERSHIP, CAFÉ GRATITUDE LLC, 7 Defendants. _____________________________________/ 8 Plaintiff Walter Delson initiated the above-captioned matter on March 16, 2011, by filing a 9 Complaint under the Americans with Disabilities Act. On May 2, 2011, Defendant Café Gratitude 10 LLC filed an Answer. Dkt. No. 5. However, Plaintiff subsequently filed a motion to strike 11 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 12 information for the filing attorney or party. Dkt. No. 6. The Court granted Plaintiff’s motion on 13 May 5, 2011. Dkt. No. 7. 14 On May 17, 2011, Defendant filed a revised Answer, this time including the name of the 15 filer, Henri Norris, and contact information for Café Gratitude. Dkt. No. 9. Plaintiff has now 16 responded with a second motion to strike, arguing that Defendant’s revised answer is improper 17 because it is signed by an individual who is not a member of the California Bar. Pursuant to Civil 18 Local Rule 3-9(b), “A corporation, unincorporated association, partnership or other such entity may 19 appear only through a member of the bar of this Court.” Thus, as it appears that Mr. Norris is not a 20 member of the bar, Defendant’s answer is improper. Accordingly, the Court hereby ORDERS 21 Defendant Café Gratitude LLC to show cause why default should not be entered against it for failure 22 to comply with court rules. Defendant shall file a declaration by June 9, 2011, and the Court shall 23 conduct a hearing on June 23, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate 24 Avenue, San Francisco, California. 25 IT IS SO ORDERED. 26 Dated: May 26, 2011 27 28 _______________________________ Maria-Elena James Chief United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?