Estate of Wilford Terrell by Jewell Yvonne Terrell v. Macys West Stores, Inc.

Filing 22

ORDER by Judge James Donato denying 17 permission for telephonic appearance; granting 18 permission for Electronic Case Filing. (jdlc1S, COURT STAFF) (Filed on 8/25/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESTATE OF WILFORD TERRELL BY
JEWELL YVONNE TERRELL, et al.,

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Plaintiffs,

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United States District Court
Northern District of California

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v.
MACYS WEST STORES, INC.,

Case No. 16-cv-02981-JD
ORDER RE CASE MANAGEMENT
CONFERENCE AND ELECTRONIC
FILING
Re: Dkt. Nos. 17, 18

Defendant.

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The Court grants permission for pro se plaintiff Julius Patrick Terrell to become an

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electronic case filing (“ECF”) user in this case and to file documents electronically in the case

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docket. See Dkt. No. 18. Terrell should register for ECF as directed on the Court’s website and

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Civil Local Rule 5-1.

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The Court denies permission for any pro se plaintiff to appear telephonically at the case

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management conference on August 31, 2016. See Dkt. No. 17. This case management conference

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has been on calendar since June 27, 2016, and the plaintiffs have provided no justification for

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waiting until this late date to request telephonic appearance.

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At the case management conference, the plaintiffs should be prepared to discuss their legal

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representation status. Plaintiffs are advised that the right to proceed pro se in federal court is a

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personal right, and does not extend to other parties or entities. See Simon v. Hartford Life, Inc.,

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546 F.3d 661, 664 (9th Cir. 2008) (citing 28 U.S.C. § 1654). This means that a pro se litigant can

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pursue only his own personal, individual claims, and cannot pursue claims on behalf of any other

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person or entity, such as a minor child, an estate, or any other litigant. Id. at 664-65 (“a guardian

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or parent may not bring suit in federal court on behalf of a minor without first retaining an

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attorney” and a “non-attorney administrator of decedent’s estate may not proceed pro se on behalf

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of estate”).

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All parties should be prepared to discuss at the case management conference why they

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failed to file a joint case management statement by August 24, 2016, as ordered by the Court.

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Dkt. No. 12.

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IT IS SO ORDERED.
Dated: August 25, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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