Serje et al v. Rappi, Inc. et al

Filing 23

ORDER DENYING FOURTH MOTION TO EXTEND TIME TO COMPLETE SERVICE 21 ; SECOND ORDER TO SHOW CAUSE. Show Cause Response due by 10/30/2020. Signed by Judge Kandis A. Westmore on 10/15/20. (dtmS, COURT STAFF) (Filed on 10/15/2020)

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Case 4:19-cv-07415-KAW Document 23 Filed 10/15/20 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MAURICIO PABA SERJE, et al., Plaintiffs, 8 v. 9 10 RAPPI, INC., et al., Defendants. United States District Court Northern District of California 11 Case No. 4:19-cv-07415-KAW ORDER DENYING FOURTH MOTION TO EXTEND TIME TO COMPLETE SERVICE; SECOND ORDER TO SHOW CAUSE Re: Dkt. No. 21 12 This action was filed on November 8, 2019. (Dkt. No. 1.) On June 3, 2020, the Court 13 14 extended Plaintiff’s deadline to complete service of the complaint and summons on Defendants to 15 August 5, 2020. (Dkt. No. 17.) To date, no proof of service has been filed.1 On July 20, 2020, the Court granted Plaintiffs’ counsel’s motion to withdraw, such that 16 17 Plaintiffs are now pro se. (Dkt. No. 19.) A case management conference was scheduled for 18 October 6, 2020, but Plaintiffs did not file a case management statement seven days prior as 19 required, so the Court vacated the case management conference and issued an order to show cause 20 to Plaintiffs on October 2, 2020. (Dkt. No. 22.) Minutes before the order to show cause was docketed, Plaintiff Mauricio Paba Serje filed a 21 22 notice of appearance and a fourth motion for extension of time to complete service. (Notice of 23 Appearance, Dkt. No. 20; Pls.’ Mot., Dkt. No. 21.) There are several reasons, however, why the 24 motion must be denied. First, Mr. Serje filed it on behalf of all of the plaintiffs, which is improper because he is not 25 26 an attorney admitted to practice in the Northern District of California, and, therefore, can only file 27 28 1 Certificates of service must be separately docketed. Thus, the Court strikes the documents attached to Dkt. No. 21. Case 4:19-cv-07415-KAW Document 23 Filed 10/15/20 Page 2 of 2 1 2 papers on his own behalf. Second, the email for his ECF account (, as reflected on the 3 docket, belongs to attorney Christian Cadena Flechas of Bogota, Columbia. (Christian Cardena 4 Flechas – Abogado, LINKEDIN, 5 b261a031?challengeId=AQHr8Zto8UH2SAAAAXT5xgZZbsFIlm7pOQmOZTeuIDg1cgypYGh7 6 l1QijDys8SBKRIr2EayOl_sU7-DI6hipD6IkS3E9I36mdw&submissionId=bc4dd8d2-3d28-3b16- 7 6ac8-c6e0c86c2f36 (last visited Oct. 5, 2020).) Third, the street address on Mr. Serje’s notice of 8 appearance (Dkt. No. 20) is the same address as Mr. Cadena Flechas’s law firm, Lozano Blanco & 9 Associates. (See Lozano Blanco & Associates, (last visited Oct. 5, 2020).) Taken together, it is apparent that Mr. Serje is not truly representing 11 United States District Court Northern District of California 10 himself despite his declaration to the contrary. (Decl. of Mauricio Paba Serje, Dkt. No. 21-1 ¶ 1.) 12 Mr. Cadena-Flechas has not filed a substitution of counsel form, and he does not appear to be 13 qualified to represent clients in this district. Instead, Mr. Cadena-Flechas appears to be engaging 14 in the unauthorized practice of law, as all case-related emails are going to his email address rather 15 than to Mr. Serje. This is improper and will not be permitted. 16 For the reasons set forth above, Plaintiffs’ motion is DENIED. Mr. Serje is ordered to file 17 an amended notice of appearance within 7 days of this order that contains his own street address 18 and email address, and he shall update his ECF account to ensure that he personally receives all 19 filings in this case. In addition, Mr. Serje is ordered to remove the email address for Mr. Cadena- 20 Flechas from his ECF account because he is not a proper person to receive notice of filings in this 21 case. If Mr. Cadena-Flechas is or becomes qualified to practice law in this district, and he wishes 22 to represent the plaintiffs in this case, a proper substitution of counsel shall be filed. SECOND ORDER TO SHOW CAUSE 23 24 25 26 27 Plaintiffs are ordered to respond to the October 2, 2020 order to show cause by October 30, 2020, as originally ordered. (See Dkt. No. 22.) IT IS SO ORDERED. Dated: October 15, 2020 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 28 2

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