Pineda v. Hassell

Filing 53

ORDER that 45 Motion to Strike and 50 Motion to Dismiss are DENIED. FURTHER ORDERED that 48 Motion to Strike and 52 Motion to Strike are GRANTED and the filings at Docket Nos. 45 , 46 47 , 49 , 50 are stricken from the record. Signed by Judge Andrew P. Gordon on 1/14/15. (Copies have been distributed pursuant to the NEF - MMM)

UNITED STATES DISTRICT COURT

1

DISTRICT OF NEVADA

2

***

3
4

LUISITO PINEDA,
Plaintiff,

5

ORDER
v.

6
7

Case No. 2:14-CV-00346-APG-VCF

GERALD HASSELL,

(Dkt. Nos. 45, 48, 50, 52)
Defendant.

8
9

On June 27, 2014, I struck from the record documents filed by Ayrick Talbo on behalf of

10
11

plaintiff Luisito Pineda, and I admonished Talbo that he cannot represent Pineda because Talbo is

12

not an attorney. (Dkt. #43.) I also warned Talbo that if he filed further papers in the case on

13

Pineda’s behalf, I would consider sanctions and may refer him to the appropriate authorities for

14

the unauthorized practice of law. (Id.) Despite these admonitions, Talbo thereafter filed a Motion

15

to Strike (Dkt. #45), which he amended twice (Dkt. #46, #47). Defendant Gerald Hassell filed a

16

Motion to Strike these filings (Dkt. #48), to which Talbo responded (Dkt. #49). Talbo then filed a

17

Motion to Dismiss (Dkt. #50), which Hassell also moved to strike (Dkt. #52).
As repeatedly explained to Talbo, he is not a licensed attorney and he cannot represent

18
19

Pineda or file documents on Pineda’s behalf in this case. I therefore will deny Talbo’s motions,

20

grant Hassell’s motions, and strike the unauthorized filings. This is the last warning to Talbo:

21

should he continue to file documents in this matter, I will refer him to the appropriate authorities

22

for the unauthorized practice of law.
IT IS THEREFORE ORDERED that the Motion to Strike (Dkt. #45) and Motion to

23
24

Dismiss (Dkt. #50) are DENIED.

25

////

26

////

27

////

28

////

1

IT IS FURTHER ORDERED that Defendant’s Motion to Strike (Dkt. #48) and Motion to

2

Strike (Dkt. #52) are GRANTED and the filings at Docket Nos. 45, 46, 47, 49, 50 are stricken

3

from the record.

4

DATED this 14th day of January, 2015.

5
6

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2 of 2