Brown v. United States of America

Filing 11

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 4/24/2014 11:00 AM. Show Cause Response due by 4/18/2014. Signed by Judge Laurel Beeler on 4/7/2014. (lblc2, COURT STAFF) (Filed on 4/7/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
DIANA KATRINA BROWN,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

Plaintiff,
v.

No. C 14-00825 LB
ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

13
UNITED STATES OF AMERICA,

[Re: ECF No. 9]

14
15

Defendants.
_____________________________________/

16

On February 24, 2014, plaintiff Diana Katrina Brown (the “Plaintiff” or “Ms. Brown”) filed a

17

complaint against the United States of America for civil rights violations pursuant to 42 U.S.C. §

18

1983. Complaint, ECF No. 1.1 Someone named William Leon Marotz (“Mr. Marotz”) signed and

19

filed the complaint on Plaintiff’s behalf. Id. According to the court’s search in the State Bar of

20

California’s online database located on the bar’s website, it does not appear that Mr. Marotz is an

21

attorney licensed to practice law in California.

22

On March 24, 2014, Mr. Marotz filed a “motion to dismiss,” presumably pursuant to Federal

23

Rule of Civil Procedure 41(a)(1)(A)(i),2 due to his inability “to communicate with [Ms. Brown] for a

24
25
1

26
27
28

Citations are the Electronic Case File (“ECF”) with pin cites to the electronically-generated
page numbers at the top of the document.
2

Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action by
filing “a notice of dismissal before the opposing party serves either an answer or a motion for
summary judgment.”
C 14-00825 LB
ORDER

1

month” and his concerns that “she is injured to the point [that he] believes she does not comprehend

2

the seriousness of her injuries.” Motion to Dismiss, ECF No. 9 at 1. Mr. Marotz’s signature is the

3

only one on the pending motion. Id. The court is concerned that Mr. Marotz is not a licensed

4

attorney, and therefore, he would be unable to represent her or file the pending “motion to dismiss”

5

on her behalf.

6

28 U.S.C. § 1654 provides that “in all courts of the United States the parties may plead and

7

conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are

8

permitted to manage and conduct causes therein.” Moreover, under Civil Local Rule 3-9(a), “[a]ny

9

party representing him or herself without an attorney must appear personally and may not delegate

Thus, if Mr. Marotz indeed is not a licensed attorney by the bar of this court then he would not have

12
For the Northern District of California

that duty to any other person who is not a member of the bar of this Court.” (emphasis added).

11
UNITED STATES DISTRICT COURT

10

had the authority to file Ms. Brown’s complaint or the pending motion.

13

Over one month has passed since the complaint was filed. Ms. Brown has made no personal

14

attempt to begin prosecuting the case, and Mr. Marotz may not be an attorney. Accordingly, the

15

court ORDERS Ms. Brown to show cause why this action should not be dismissed for failure to

16

prosecute. She shall do so by filing a written response no later than 4:00 p.m. on Friday, April

17

18, 2014. The court sets a show cause hearing for Thursday, April 24, 2014 at 11:00 a.m. in

18

Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco,

19

California, 94102.

20

To assist her, the court attaches to this order a copy of the district court's Handbook for Litigants

21

Without a Lawyer. It provides instructions on how to proceed at every stage of your case, including

22

discovery, motions, and trial. Ms. Brown also may wish to seek assistance from the Legal Help

23

Center, a free service offered by the Justice & Diversity Center of the Bar Association of San

24

Francisco, by calling 415-782-8982, or by signing up for an appointment on the15th Floor of the

25

Federal Courthouse in San Francisco, 450 Golden Gate Avenue, San Francisco, California. At the

26

Legal Help Center, you will be able to speak with an attorney who may be able to provide basic

27

legal help but not representation.

28

Given that the court has only Mr. Marotz’s contact information, the court ORDERS him to try to

C 14-00825 LB
ORDER

2

1

provide Ms. Brown with a copy of this order. The court will send him a copy of this order at the

2

mailing address (William Leon Marotz, General Delivery, San Francisco, California, 94142) and

3

email address ([e-mail]) he provides on the complaint and motion.

4
5

IT IS SO ORDERED.
Dated: April 7, 2014
_______________________________
LAUREL BEELER
United States Magistrate Judge

6
7
8
9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

C 14-00825 LB
ORDER

3