Norton et al v. Assured Performance Network

Filing 9

MEMORANDUM DECISION AND ORDER the Pro Se Notice of Appearance (docket no. 4 ) and the Answer (docket no. 5 ) are STRICKEN FROM THE RECORD AND WITHOUT EFFECT. Assured Performance Network is hereby NOTIFIED that its failure to obtain counsel and time ly file an Answer or other response will subject it to a Default Judgment that will result in an award to the Plaintiffs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MICHAEL NORTON and STEVEN
DELACUESTA,
Case No. 4:14-CV-486-BLW
Plaintiff,
MEMORANDUM DECISION
AND ORDER

v.
ASSURED PERFORMANCE NETWORK,
dba ASSURED PERFORMANCE
NETWORK, INC.,
Defendants.

MEMORANDUM DECISION

On November 12, 2014, plaintiffs filed a complaint against a single defendant,
Assured Performance Network, dba Assured Performance Network, Inc. (APN). See
Complaint (Dkt. No. 1). On December 19, 2014, Scott Biggs, the CEO of APN, filed a
“Pro Se Notice of Appearance” stating that he “enters an appearance in this action and
demands notice of all further proceedings.” See Pro Se Notice (Dkt. No. 4). On that same
date, Biggs also filed on behalf of APN an Answer to the complaint, see Answer (Dkt.
No. 5).
Scott Biggs is attempting to represent APN. But he has not alleged that he is an
attorney of the bar of this Court or has been admitted to practice under the Court’s Local

Memorandum Decision & Order – page 1

Rules. Pursuant to Local Rule 83.4(d) he cannot represent APN in this Court.
Accordingly, the Court will strike the Answer and the Pro Se Notice of Appearance.
ORDER
In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the Pro Se Notice of
Appearance (docket no. 4) and the Answer (docket no. 5) are STRICKEN FROM THE
RECORD AND WITHOUT EFFECT.
IT IS FURTHER ORDERED, that defendant Assured Performance Network is
hereby NOTIFIED that its failure to obtain counsel and timely file an Answer or other
response will subject it to a Default Judgment that will result in an award to the Plaintiffs.

DATED: December 22, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

Memorandum Decision & Order – page 2