Free Order - District Court of California - California

Case 5:07-cv-05022-PVT

Document 12

Filed 11/16/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. ORDER, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

) ) Plaintiff, ) ) v. ) ) UNITED STATES POSTAL SERVICE, ) ) Defendants. ) __________________________________ )

JAGUAR ASSOCIATES GROUP,

Case No.: C-07-5022 PVT ORDER CONTINUING HEARING DATE AND REQUIRING DECLARATION FROM PLAINTIFF

In this action, Mr. Richard France filed a Complaint in Small Claims court on behalf of Plaintiff Jaguar Associates Group ("JAG").1 On September 28, 2007, the USPS removed the case to this Court. Defendant United States Postal Service ("USPS") has filed a motion to dismiss based on lack of subject matter jurisdiction. The motion is currently set for hearing on Tuesday, November 20, 2007. On November 15, 2007, USPS filed a supplemental brief seeking dismissal on the basis that Plaintiff Jaguar Associates Group ("JAG") may not appear pro se in this court. Civil Local Rule 3-9(b) provides: "A corporation, unincorporated association, partnership or other such entity may appear only through a member of the bar of this Court." Mr. France filed the Opposition to the Motion to dismiss and has told defense counsel, Ms.

Case 5:07-cv-05022-PVT

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Filed 11/16/2007

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Melissa K. Brown, that he is not an attorney and does not intend to bring an attorney to the hearing on the motion to dismiss. (Brown Decl. ¶¶ 3, 5). Accordingly, because a corporation may not appear without counsel, if the claim is brought on behalf of JAG, JAG must appear through an attorney in order to prosecute this case. The supplemental brief raises substantial questions about Mr. France's ability to bring this suit on behalf of JAG and the validity of Mr. France's consent to the undersigned Magistrate. The Court must have additional information to determine whether the suit can go forward and whether the consent is valid. Accordingly, It Is Hereby Ordered that: 1. The November 20, 2007 hearing on the Motion to Dismiss is Continued to December 11, 2007 at 10:00 a.m.; and 2. No later than November 27, 2007, Mr. France shall file a declaration clarifying the nature of the claim. Mr. France shall explain whether the claim is brought on his own behalf or on the behalf of the JAG. If the claim is on behalf of JAG, Mr. France shall state whether JAG will appear through counsel. IT IS SO ORDERED Dated: November 16, 2007 ____________________________ PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2

Case 5:07-cv-05022-PVT

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Filed 11/16/2007

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copies mailed on 11/16/07

to:

Jaguar Associate Group c/o Richard H. France 22860 Old Santa Cruz Highway Los Gatos, CA 95033

/s/ Carolyn Frantz for _______________________________ CORINNE LEW Courtroom Deputy

ORDER, page 3