Ryan et al v. County of Imperial et al

Filing 6

ORDER of Dismissal with Leave to Amend. Any amended pleading should be no longer than 30 pages and must be filed no later than September 14, 2021. Signed by Judge Larry Alan Burns on 7/14/2021.(All non-registered users served via U.S. Mail Service)(jmr)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GILDA RYAN and PAUL RYAN, et al. Plaintiffs, 12 13 14 15 16 17 Case No. 3:21-cv-1076-LAB-KSC ORDER OF DISMISSAL WITH LEAVE TO AMEND [Dkt. 1] v. COUNTY OF IMPERIAL, et al. Defendants. 18 19 Plaintiffs Gilda and Paul Ryan, purporting to bring suit on behalf of their minor 20 children and themselves, filed their Complaint in this case on June 4, 2021. The 21 Complaint consists of 380 numbered paragraphs and 90 claims, spread across 22 145 pages. In other words, it’s not the “short and plain statement” that a pleading 23 must be. Fed. R. Civ. P. 8(a)(1). 24 Nor can Gilda and Paul Ryan bring suit on behalf of their minor children. 25 There’s no indication that either parent is an attorney, and courts in the Ninth 26 Circuit don’t permit non-attorney parents to bring suit on behalf of their children. 27 Johns v. County of San Diego, 114 F.3d 874, 876-77 (9th Cir. 1997) (“It goes 28 without saying that it is not in the interest of minors . . . that they be represented 3:21cv1076-LAB-KSC 1 by non-attorneys. Where they have claims that require adjudication, they are 2 entitled to trained legal assistance so their rights may be fully protected.”) 3 The Court DISMISSES the Complaint WITHOUT PREJUDICE AND WITH 4 LEAVE TO AMEND for failure to set forth a short and plain statement of the 5 Plaintiffs’ claims and because it purports to bring claims on behalf of individuals 6 who can’t represent themselves but aren’t represented by counsel. Any amended 7 pleading should be no longer than 30 pages and must be filed no later than 8 September 14, 2021. Any claims on behalf of the Ryans’ minor children must be 9 filed by those children’s counsel. 10 11 12 13 14 IT IS SO ORDERED. DATED: July 14, 2021 ________________________________ Hon. Larry Alan Burns United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3:20cv1076-LAB-KSC

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