Naiman v. Total Merchant Services, Inc.
Filing
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ORDER granting 49 Motion to Strike by Judge Claudia Wilken. (dtmS, COURT STAFF) (Filed on 1/4/2018)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SIDNEY NAIMAN, et al.,
Plaintiffs,
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ORDER GRANTING MOTION TO
STRIKE
v.
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Case No. 17-cv-03806-CW
TOTAL MERCHANT SERVICES, INC.,
et al.,
(Dkt. No. 49)
Defendants.
United States District Court
Northern District of California
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On December 19, 2017, Defendants Quality Merchant Services,
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Inc. and Michael Alimento filed an answer to the Second Amended
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Complaint (2AC).
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individually and on behalf of Quality Merchant Services as Vice
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President of the company.
Alimento signed the answer on behalf of himself
On December 20, 2017, Plaintiffs Timothy Collins and Sidney
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Naiman moved to strike the answer filed by Quality Merchant
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Services because a “corporation, unincorporated association,
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partnership or other such entity may appear only through a member
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of the bar of this Court.”
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Commodity Futures Trading Comm’n v. Castillo, No. 06-cv-02540
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TEH, 2007 WL 2088372, at *1 (N.D. Cal. July 19, 2007) (“Non-
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attorneys, including a corporation’s president and sole
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shareholder, are barred from representing a corporation.”).
Civil L.R. 3-9(b); see also U.S.
Any opposition to the motion to strike was due on January 3,
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2018.
See Civil L.R. 7-3(a).
Neither Quality Merchant Services
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nor any other party responded to the motion.
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indication in the record that Alimento is an attorney.
Also, there is no
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Upon review of the record and the relevant authority, the
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Court GRANTS Plaintiffs’ motion to strike (Docket No. 49) and
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hereby STRIKES the answer of Quality Merchant Services, Inc.
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(Docket No. 48).
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of Michael Alimento (also Docket No. 48), which remains
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operative.
The Court does not, however, strike the answer
Quality Merchant Services must file an answer through
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counsel within fourteen days after the date of this order.
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United States District Court
Northern District of California
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Quality Merchant Services fails to do so, Plaintiffs shall
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promptly file a request for the Clerk to enter its default.
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If
Fed. R. Civ. P. 55(a).
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All deadlines set previously remain in effect.
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See
IT IS SO ORDERED.
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Dated: January 4, 2018
CLAUDIA WILKEN
United States District Judge
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