Robertson et al v. Republic of Nicaragua, The et al

Filing 46

ORDER TO SHOW CAUSE. Show Cause Response due by 6/8/2017. Order to Show Cause Hearing set for 6/22/2017 at 2:00 PM. Signed by Judge Jon S. Tigar on May 24, 2017. (Attachments: # 1 Certificate/Proof of Service) (wsn, COURT STAFF) (Filed on 5/25/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPHENIE ROBERTSON, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 17-cv-00852-JST
ORDER TO SHOW CAUSE

v.

Re: ECF No. 1
REPUBLIC OF NICARAGUA, THE, et al.,
Defendants.

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Plaintiff Josephine E. Robertson’s purports to bring this case for herself and on behalf of

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seven other named plaintiffs, although none of the putative named plaintiffs has signed the

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complaint. ECF No. 1 at 1, 10-11. The same complaint states that Plaintiffs bring “this Class

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Action Complaint against Defendants the Republic of Nicaragua, Daniel Ortega, and the

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Sandinista Party . . . on behalf of all the Miskitu peoples.” ECF No. 1 at 2. Plaintiff Robertson is

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not represented by an attorney, however, and is not an attorney herself. Id. at 25.

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“Pro se plaintiffs are not adequate class representatives able to fairly represent and

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adequately protect the interests of [a] class.” Blake v. Cty. of Santa Clara, No. 16-CV-01279-

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HSG, 2016 WL 4073339, at *3 (N.D. Cal. Aug. 1, 2016) (citing Oxendine v. Williams, 509 F.2d

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1405, 1407 (4th Cir. 1975); Simon v. Hartford Life, Inc., 546 F.3d 661, 664-65 (9th Cir. 2008)).

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“[A] litigant appearing in propria persona has no authority to represent anyone other than

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[herself].” Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962).

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Plaintiff may not maintain a purported class action, or bring claims on behalf of the other

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seven named plaintiffs, unrepresented. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE

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why the Court should not dismiss all claims except her individual claim on her own behalf. A

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hearing on this Order to Show Cause is set for June 22, 2017 at 2:00 p.m. to coincide with the

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pending motion to dismiss. Plaintiff’s written response is due by June 8, 2017.
IT IS SO ORDERED.
Dated: May 24, 2017
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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