Joe Hand Promotions, Inc. v. Doblados et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/8/11 ORDERING that A STATUS (PRETRIAL SCHEDULING) CONFERENCE is SET for 1/13/2012 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Plaintiff shall file and serve his own separate status report on or before 12/30/11, and each pro se defendant shall file and serve his own separate status report on or before 1/6/12. (Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOE HAND PROMOTIONS, INC.,
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Plaintiff,
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No. CIV S-11-1754 WBS DAD PS
vs.
REX DOBLADOS and
CHARLIE ROCHELLE GREEN A/K/A
CHARLIE ROCHELLE GAINES,
INDIVIDUALLY and d/b/a
ENVY ULTRA LOUNGE A/K/A
VYBE,
ORDER SETTING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE
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Defendants.
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/
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Defendant Charlie Gaines is proceeding pro se. The action has therefore been
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referred to the undersigned pursuant to Local Rule 302(c)(21) for all purposes encompassed by
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that rule.
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On September 15, 2011, defendant Charlie Rochelle Gaines filed an answer
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purporting to be filed on behalf of defendant Rex Doblados and himself. However, only
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defendant Gaines’ name, address and telephone number appears on the upper left hand corner of
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the document. Moreover, only defendant Gaines’ name appears on the signature line of the
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answer. Finally, defendant Gaines did not sign the answer filed with the court. (Doc. No. 5 at 8.)
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The right to represent oneself pro se is personal to the litigant and does not extend
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to other parties. Simon v. Hartford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008). “A litigant
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appearing in propria persona has no authority to represent anyone other than himself.” Russell v.
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United States, 308 F.2d 78, 79 (9th Cir. 1962). Moreover, all pleadings shall be signed by the
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party involved and the name, address and telephone number of each party appearing in propria
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persona shall appear in the upper left-hand corner of the first page of each document presented
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for filing on the party’s behalf. Local Rule 131(a)-(b). In this regard, if defendants wish to file a
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joint answer, they must file an answer in which the name, address and telephone number of each
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defendant is listed on the upper left hand corner of the first page and each defendant must sign
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the answer.
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Accordingly, for the reasons stated above, and pursuant to the provisions of Rule
16 of the Federal Rules of Civil Procedure, IT IS ORDERED that:
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1. Defendants shall file an amended answer that cures the defects noted above
within twenty-one (21) days of the date of this order.
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2. A Status (Pretrial Scheduling) Conference is set for Friday, January 13, 2012,
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at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in
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Courtroom No. 27, before the undersigned.
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3. Each party is required to appear at the Status Conference, either by counsel or,
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if proceeding in propria persona, on his own behalf. Any party may appear at the status
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conference telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the
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courtroom deputy of the undersigned magistrate judge, at (916) 930-4128, no later than 48 hours
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before the Status (Pretrial Scheduling) Conference; a land line telephone number must be
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provided.
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3. Plaintiff shall file and serve his own separate status report on or before
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December 30, 2011, and each pro se defendant shall file and serve his own separate status report
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on or before January 6, 2012. Each party’s status report shall address all of the following
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matters:
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a.
Progress of service of process;
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b.
Possible joinder of additional parties;
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c.
Possible amendment of the pleadings;
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d.
Jurisdiction and venue;
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e.
Anticipated motions and the scheduling thereof;
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f.
Anticipated discovery and the scheduling thereof,
including disclosure of expert witnesses;
g.
Future proceedings, including the setting of
appropriate cut-off dates for discovery and for law
and motion, and the scheduling of a final pretrial
conference and trial;
h.
Modification of standard pretrial procedures
specified by the rules due to the relative simplicity
or complexity of the action;
i.
Whether the case is related to any other case,
including matters in bankruptcy;
j.
Whether the parties will stipulate to the magistrate
judge assigned to this matter acting as settlement
judge, waiving any disqualification by virtue of his
so acting, or whether they prefer to have a
Settlement Conference before another magistrate
judge;
k.
Whether the parties intend to consent to proceed before a
United States Magistrate Judge; and
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Any other matters that may aid in the just and
expeditious disposition of this action.
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4. The parties are cautioned that failure to file a status report or failure to appear
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at the status conference may result in an order imposing an appropriate sanction. See Local
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Rules 110 and 183.
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DATED: November 8, 2011.
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