Naiman v. Total Merchant Services, Inc.

Filing 53

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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