Champion-Cain et al v. MacDonald et al

Filing 158

ORDER Granting Defendant Brian MacDonald's 157 Motion to Grant Access to the Court's Electronic Filing System. Signed by Judge Gonzalo P. Curiel on 3/1/17. (All non-registered users served via U.S. Mail Service, document mailed to address in Order )(dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 GINA CHAMPION-CAIN, an individual; LUV SURF, LP, a California limited partnership; ANI COMMERCIAL CA I, LLC, a California limited liability company; and ANI COMMERCIAL CA II, LP, a California limited partnership, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 3:14-cv-02540-GPC-BLM ORDER GRANTING DEFENDANT BRIAN MACDONALD’S MOTION TO GRANT ACCESS TO THE COURT’S ELECTRONIC CASE FILING SYSTEM Plaintiffs, v. [ECF No. 157.] BRIAN MACDONALD, an individual; LOVESURF, INC., a Delaware corporation; and DOES 1-10, inclusive, Defendants. Before the Court is Defendant Brian MacDonald’s motion for permission to use the Court’s electronic case filing system. (Dkt. No. 157.) Section 2(b) of the Electronic Case Filing Administrative Policies and Procedures Manual permits a pro se litigant to file electronically only if authorized by the Court. Good cause appearing, the Court GRANTS Defendant Brian MacDonald’s motion for permission to use the Case Management/Electronic Case Filing (CM/ECF) system. Mr. MacDonald is ordered to attend CM/ECF classes with the Clerk’s Office and is directed to contact the Clerk’s 1 3:14-cv-02540-GPC-BLM 1 office at (619) 557-5600 to arrange training. In accordance with section 2(b) of the 2 Court’s Electronic Case Filing Administrative Policies and Procedures Manual, 3 Defendant is instructed that he “must register as a user with the Clerk’s Office as a 4 subscriber to PACER within five (5) days.” 1 5 The Court notes that the instant action is currently stayed with respect to Mr. 6 MacDonald on account of his filing of a voluntary petition for bankruptcy in the Central 7 District of California. (Dkt. No. 151.) Accordingly, although the Court is granting Mr. 8 MacDonald access to the CM/ECF system, Mr. MacDonald may not file any documents 9 on his own behalf. Moreover, Mr. MacDonald, who is not an attorney, may not file any 10 documents on behalf of Defendant Lovesurf, Inc. See CivLR 83.3(j). The Court will not 11 accept or consider any documents improperly filed by Mr. MacDonald on his own behalf, 12 until the bankruptcy stay is lifted. Nor will the Court accept or consider any documents 13 filed by response by Mr. MacDonald on behalf of Defendant Lovesurf, Inc., absent 14 representation by an attorney permitted to practice in compliance with the procedures 15 mandated by the Civil Local Rules (including, but certainly not limited to, procedures for 16 admission to this Court as governed by CivLR 83.3(c)). The Court reiterates that in the 17 event Defendant Lovesurf, Inc. retains representation, counsel must enter a formal 18 appearance on the record in accordance with requisite procedures prior to litigating on 19 Defendant Lovesurf, Inc.’s behalf. 20 21 IT IS SO ORDERED. Dated: March 1, 2017 22 23 24 25 26 27 28 1 Mr. MacDonald notes in his motion that he received an error message in the course of registering for PACER. (Dkt. No. 157 at 1.) However, any issues or questions pertaining to PACER and the CM/ECF system should be directed to the Clerk’s Office, rather than the Court. 2 3:14-cv-02540-GPC-BLM 1 2 3 cc: Brian MacDonald 32158 Camino Capistrano #104-501 San Juan Capistrano, CA 92675-3720 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 3:14-cv-02540-GPC-BLM

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