Nellams v. Pacific Maritime Association et al

Filing 50

ORDER Striking Defendant Fletcher's 49 Answer and granting Defendant Fletcher's 45 Motion for Leave to File Answer. Signed by Judge Ricardo S Martinez.(TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABIN’BOLA NELLAMS,
Plaintiff,

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CASE NO. C17-911 RSM

v.
PACIFIC MARITIME ASSOCIATION, a
California non-profit corporation, et al.,

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ORDER STRIKING ANSWER AND
GRANTING LEAVE TO FILE

Defendants.

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This matter comes before the Court on Defendant Faron Fletcher’s Motion for Leave to
File Answer. Dkt. #45. On September 8, 2017, the Court issued a Minute Order noting the history
of Defendant Fletcher’s filings in this case, directing that “Mr. Fletcher is not permitted to submit
filings in this matter without first seeking leave of the Court,” and stating that “[u]ntil the Court
rules on the Motion for Leave, Mr. Fletcher is not permitted to file.” Dkt. #44. On September
15, 2017, Mr. Fletcher filed the instant Motion for Leave. Prior to the Court’s ruling, Mr. Fletcher
went ahead and filed his purported Answer. Dkt. #49.
Local Rule 10 states:
Dates and Signature Lines. All pleadings, motions and other filings
shall be dated and signed as provided by Federal Rule of Civil
Procedure 11, LCR 11, and the court’s Electronic Filing Procedures.
ORDER STRIKING ANSWER AND GRANTING
LEAVE TO FILE - 1

The court might not consider improperly signed or unsigned
documents.

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LCR 10(e)(4).
Mr. Fletcher’s Answer, Dkt #49, is unsigned and undated. This violates Local Rules 10
and 11, as well as Federal Rule of Civil Procedure 11. Additionally, it was filed without leave of
the Court. For both of these reasons, it will be stricken.
On the other hand, Mr. Fletcher’s earlier filed Motion for Leave adequately adheres to the
Court’s Minute Order above and sets forth a valid basis for Mr. Fletcher to file his answer. See
Dkt. #45. The Court notes with concern that Mr. Fletcher continues to include irrelevant personal
health information in his Motion, and that Mr. Fletcher attaches irrelevant healthcare forms. See
Dkts. #45, #45-1, and #45-2. Nevertheless, the Court will grant Mr. Fletcher leave to file a new
answer. The Court reminds Mr. Fletcher that his answer must respond to the most recent amended
complaint, be signed and dated and otherwise in accordance with the Court’s Local Rules.
Having reviewed the relevant briefing, the declarations and exhibits attached thereto, and
the remainder of the record, the Court hereby finds and ORDERS that:
(1) Defendant Fletcher’s Answer (Dkt. #49) is STRICKEN.
(2) Defendant Fletcher’s Motion for Leave to file Answer (Dkt. #45) is GRANTED. Mr.
Fletcher is granted leave to file an answer responding to the most recent amended
complaint in this case.
DATED this 27th day of September 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER STRIKING ANSWER AND GRANTING
LEAVE TO FILE - 2