Rodriguez v. Your First Choice, LLC.

Filing 8

ORDER granting 6 Motion to Strike 5 Answer to Complaint. Signed by Magistrate Judge Carl W. Hoffman on 12/12/2016. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IRMA RODRIGUEZ,

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Plaintiff,
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v.
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YOUR FIRST CHOICE, LLC,
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Defendant.
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_______________________________________ )

Case No. 2:16-cv-02447-APG-CWH

ORDER

Presently before the Court is Plaintiff’s motion to strike (ECF No. 6), filed on November 16,

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2016. Plaintiff moves the Court to strike Defendant’s answer (ECF No. 5). As of the date of this

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order, Defendant has not filed a response.

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Plaintiff argues that Defendant’s answer is improper, as it was filed by a Mr. Janie Chavez on

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behalf of Defendant, which is a corporation registered in the state of Nevada. The Court notes that

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Mr. Chavez does not appear to be an attorney licensed to practice in this court, and so may not

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appear on behalf of others. Johns v. Cty. of San Diego, 114 F.3d 874, 876 (9th Cir. 1997).

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Defendant’s answer is styled as a “pro se” filing. However, the privilege of acting pro se is personal,

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and cannot be used to represent another person or legal entity. C.E. Pope Equity Trust v. U.S. 818

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F.2d 696, 697 (9th Cir. 1987). Mr. Chavez is not a named defendant and so may not make filings in

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this case.

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IT IS THEREFORE ORDERED that Plaintiff’s motion to strike (ECF No. 6) is GRANTED.
The Clerk of Court shall STRIKE Defendant’s answer (ECF No. 5).

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DATED: December 12, 2016.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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