Faculty Members at Middle Eastern Schools et al v. Donovan et al

Filing 11

ORDER STRIKING COMPLAINT. Signed by Judge Beth Labson Freeman on 10/21/2015. (blflc3S, COURT STAFF) (Filed on 10/21/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 FACULTY MEMBERS AT MIDDLE EASTERN SCHOOLS, et al., 9 Plaintiffs, 10 Case No. 15-cv-03974-BLF ORDER STRIKING COMPLAINT v. [Re: ECF 1] United States District Court Northern District of California 11 12 RICHARD DONOVAN, et al., Defendants. 13 14 On August 31, 2015, Ahmed Nuri, along with twenty-six other individuals, all proceeding 15 pro se, filed a purported class action complaint against Richard Donovan of the Defense Language 16 Institute and Reuf Borovac, President of American Federation of Government Employees (AFGE) 17 AFL-CIO, Local 1263. See ECF 1. According to the complaint, Mr. Nuri is the contact person for 18 twenty-six other faculty members from Middle East Schools. Id. at 6, 7. Mr. Nuri is the sole 19 Plaintiff to sign the complaint. Id. at 6. On October 19, 2015, Reuf Borovac, proceeding pro se, 20 filed a motion to dismiss on behalf of AFGE Local 1263 and himself. ECF 10. 21 The Court notes that the complaint does not appear to be a class action but rather a lawsuit 22 brought by multiple Plaintiffs. In any event, to the extent this is a class action, a pro se Plaintiff 23 cannot prosecute an action as a class action. See C.E. Pope Equity Trust v. United States, 818 24 F.2d 696 (9th Cir. 1987). To the extent this action is a lawsuit brought by multiple Plaintiffs, each 25 Plaintiff’s name, address, and telephone number must be included on the first page of each filing 26 and each Plaintiff must sign each document filed. See Civil L.R. 3-4; Fed. R. Civ. P. 11. 27 Accordingly, the Court STRIKES the complaint and Plaintiffs may file an amended complaint on 28 or before November 18, 2015. Further, the Court MOOTS the pending motion to dismiss in light 1 of the foregoing and notes that a pro se individual may not represent an organization. See Civil 2 L.R. 3-9(b). 3 4 5 6 IT IS SO ORDERED. Dated: October 21, 2015 ______________________________________ BETH LABSON FREEMAN United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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