Edward Rotstein, et al v. Terrafusion, Inc. et al

Filing 56

ORDER STRIKING ANSWER FILED BY MARK CUKIER. Signed by Judge Richard Seeborg on 2/9/17. (cl, COURT STAFF) (Filed on 2/9/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TERRAFUSION INTERNATIONAL, INC., et al., Plaintiffs, 8 9 10 ORDER STRIKING ANSWER FILED BY MARK CUKIER v. TERRAFUSION, INC., et al., Defendants. 11 United States District Court Northern District of California Case No. 15-cv-02993-RS 12 13 On February 9, 2017, the Court received a document from Mark Cukier entitled “Answers 14 for the Purpose of Defending Mark Cukier and Demanding Trial By Jury.” In that document, Mr. 15 Cukier purports to “deny each and every allegation in the complaint brought against [him].” Mr. 16 Cukier, however, is not named in the complaint. Moreover, Defendants answered the complaint 17 more than one and a half years ago and the time to file an answer has long passed. See Fed. R. 18 Civ. P. 12. In any event, the defendants named in the complaint are corporate entities and, as the 19 Court has now made abundantly clear, Mr. Cukier may not represent them. See Dkt. No. 44 20 (citing United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (“A 21 corporation may appear in federal court only through licensed counsel.”); Dkt. No. 51 (same); Dkt. 22 No. 55 (same). Accordingly, Mr. Cukier’s “Answer” is hereby stricken. Pursuant to the order 23 granting Zvi Silver’s motion to withdraw as counsel, Mr. Silver is directed to forward this order to 24 Defendants. 25 IT IS SO ORDERED. 26 Dated: February 9, 2017 27 28 ______________________________________ RICHARD SEEBORG United States District Judge

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