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